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Carter v. Maryland6/1/1990
In this case we are asked to determine whether a District Court sentence for driving under the influence of alcohol may be increased in the circuit court under the enhanced punishment statute when the subsequent offender notice is filed after the District Court trial but before the de novo appeal to the circuit court.
The Petitioner was charged with several motor vehicle violations including driving while intoxicated and driving under the influence of alcohol. Md.Trans.Code Ann. § 21-902(a) and (b) (1987 Repl.Vol.). Petitioner had a history of alcohol related convictions, and the Assistant State's Attorney in the District Court had successfully prosecuted Petitioner on previous occasions for the same offenses. The case was originally heard in the District Court sitting in Frederick County (Bower, J.).
As a result of a plea agreement, Petitioner waived his right to a jury trial, pleaded not guilty, and waived formal proof by stipulating that the facts read into the record by the Assistant State's Attorney would have been the testimony
of the state trooper who arrested him. The State, in accordance with the agreement, subsequently amended the charge to driving under the influence , and Petitioner was found guilty and sentenced to 60 days.
On that same day, Petitioner noted an appeal to the Circuit Court for Frederick County. Three months later, the State served notice for the first time that it would seek enhanced punishment under Maryland Rule 4-245, which provides in pertinent part:
(b) Required Notice of Additional Penalties. -- When the law permits but does not mandate additional penalties because of a specified previous conviction, the court shall not sentence the defendant as a subsequent offender unless the State's Attorney serves notice of the alleged prior conviction on the defendant or counsel before the acceptance of a plea of guilty or nolo contendere or at least 15 days before trial in circuit court or five days before trial in District Court, whichever is earlier.
A trial de novo was conducted before a jury on the charge of driving under the influence . Petitioner was found guilty, and was sentenced as a subsequent offender to one year in prison. We granted certiorari to address the important issue raised.
Petitioner's basic contention is that even if he waived his right to a jury trial and submitted to the jurisdiction of the District Court, the State may not prosecute him on appeal as a subsequent offender because the State failed to give the required notice under MR 4-245(b). The rule clearly requires the State to give notice five days prior to trial in the District Court or fifteen days prior to trial in the circuit court, whichever is earlier. Since the District Court had
jurisdiction to try the case, Petitioner argues, the State was required to provide notice five days before his District Court trial, which was the earlier trial. The State's argument, that its caseload is too backed-up to allow it to provide notice before District Court trials, is no answer. We agree with Petitioner. We explain.
The appellate courts of this state have examined both the history of the enhanced punishment statutes, Sullivan v. State, 29 Md. App. 622, 349 A.2d 663 (1976), and the purpose of filing subsequent offender notices. King v. State, 300 Md. 218, 477 A.2d 768 (1984). In King, we concluded that the purpose of the notice provision "is, and always has been, to inform a defendant fully of the nature of the State's case against him in order that he may intelligently conduct his defens
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