Ch...11                                    LAWS OF MARYLAND

qualifications for jury service, and that this information need
not be furnished if the person finds it objectionable to do so.

DRAFTER'S NOTE: This corrects an error in an internal
    reference in § 8-202 of the Courts Article.

The error occurred in Ch. 5 of the Acts of 1986.

The error was noted by a judge of the Circuit Court
for Harford County.

10-307.

(f) If at the time of testing there was in the person's
blood 0.01 percent or more by weight of alcohol, as determined by
an analysis of the person's, blood or breath, it shall be prima
facie evidence that the defendant was driving with alcohol in the
defendant's [body] BLOOD.

DRAFTER'S NOTE: This clarifies the language of § 10-307(f)
of the Courts Article.

The prohibition provided under § 16-113 of the
Transportation Article, as enacted by Ch. 369 of the
Acts of 1986, is against the driving of a motor
vehicle while having alcohol in one's blood.
Therefore, testing for the presence of alcohol is
intended to show the presence of alcohol in the
driver's blood, not the driver's body.

The clarification was suggested by the State Attorney
General in his bill review letter of May 6, 1986.

12-702.

(c) If a defendant who appeals from a conviction in the
District Court is convicted after a trial de novo on appeal, the
appellate court may impose a more severe sentence than that
imposed in the District Court, but if the case is one in which
the defendant was denied a jury trial under [§ 4-302(d) (2)] §
4-302(E)(2) of this article, the sentence may not be for more
than 90 days except under the conditions prescribed in subsection
(b) of this section. Except as provided above, the appellate
court may impose any sentence authorized by law to be imposed as
punishment for the offense.

DRAFTER'S NOTE: This corrects an outdated cross-reference
in § 12-702(c) of the Courts Article.

Subsection (d) of § 4-302 of the Courts Articles became
subsection (e) of § 4-302 of that article in Ch. 664
of the Acts of 1984.

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