WILLIAM DONALD SCHAEFER, Governor                            Ch. 579

Annotated Code of Maryland

(1989 Replacement Volume and 1993 Supplement)

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 12-401(a)
Annotated Code of Maryland
(1989 Replacement Volume and 1993 Supplement)

BY adding to

Article - Courts and Judicial Proceedings

Section 12-401(c)

Annotated Code of Maryland

(1989 Replacement Volume and 1993 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section(s) 12-401(b), (c), (d), and (e), respectively, of Article -
Courts and Judicial Proceedings of the Annotated Code of Maryland be renumbered to
be Section(s) 12-401 (d), (e), (f), and (g), respectively.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article - Courts and Judicial Proceedings

12-401.

(a) A party in a civil case [or the defendant in a criminal case] may appeal from
a final judgment entered in the District Court.

(B)      In a criminal case[, the]:

(1)      THE State may appeal from a final judgment [if] ENTERED IN THE
DISTRICT COURT:

(I)       IF the State alleges that the trial judge failed to impose the
sentence specifically mandated by the Code; OR

(II)     GRANTING A MOTION TO DISMISS, OR QUASHING OR
DISMISSING A CHARGING DOCUMENT. [In a criminal case, the]

(2)      THE defendant may appeal even FROM A FINAL JUDGMENT ENTERED
IN THE DISTRICT COURT though imposition or execution of sentence has been
suspended.

(C)     NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN APPEAL TAKEN
UNDER SUBSECTION (B)(1)(II) OF THIS SECTION SHALL BE:

(1) TO THE CIRCUIT COURT SOLELY FOR THE PURPOSE OF REVIEWING
THE JUDGMENT OF THE DISTRICT COURT; AND

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