Ch. 462

2004 LAWS OF MARYLAND

(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 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. Pending 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.

[(vi)] (V) If the State loses the appeal, the jurisdiction shall pay all
the costs related to the appeal, including reasonable attorney fees incurred by the
defendant as a result of the appeal.

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