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2005 LAWS OF MARYLAND
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Ch. 328
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(i) Failed to impose the sentence specifically mandated by the
Code; or
(ii) Imposed or modified a sentence in violation of the Maryland
Rules.
(3) (i) In a case involving a crime of violence as defined in § 14-101 of
the Criminal Law Article, and in cases under §§ 5-602 through 5-609 and §§ 5-612
through 5-614 of the Criminal Law Article, the State may appeal from a decision of a
trial court that excludes evidence offered by the State or requires the return of
property alleged to have been seized in violation of the Constitution of the United
States, the Constitution of Maryland, or the Maryland Declaration of Rights.
(ii) The appeal shall be made before jeopardy attaches to the
defendant. However, in all cases the appeal shall be taken no more than 15 days after
the decision has been rendered and shall be diligently prosecuted.
(iii) Before taking the appeal, the State shall certify to the court that
the appeal is not taken for purposes of delay and that the evidence excluded or the
property required to be returned is substantial proof of a material fact in the
proceeding. The appeal shall be heard and the decision rendered within 120 days of
the time that the record on appeal is filed in the appellate court. Otherwise, the
decision of the trial court shall be final.
(iv) [If EXCEPT IN A HOMICIDE CASE, IF the State appeals on the
basis of this paragraph, and if on final appeal the decision of the trial court is
affirmed, the charges against the defendant shall be dismissed in the case from which
the appeal was taken. In that case, the State may not prosecute the defendant on
those specific charges or on any other related charges arising out of the same
incident.
(v)] 1. Except as provided in subsubparagraph 2 of this
subparagraph, pending the prosecution and determination of an appeal taken under
paragraph (1) or (3) of this subsection, the defendant shall be released on personal
recognizance bail. If the defendant fails to appear as required by the terms of the
recognizance bail, the trial court shall subject the defendant to the penalties provided
in § 5-211 of the Criminal Procedure Article.
2. A. Pending the prosecution and determination of an
appeal taken under paragraph (1) or (3) of this subsection, in a case in which the
defendant is charged with a crime of violence, as defined in § 14-101 of the Criminal
Law Article, the court may release the defendant on any terms and conditions that
the court considers appropriate or may order the defendant remanded to custody
pending the outcome of the appeal.
B. The determination and enforcement of any terms and
conditions of release shall be in accordance with the provisions of Title 5 of the
Criminal Procedure Article.
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