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Huff v. State12/20/1991
The principal issue presented by this motor vehicle manslaughter case concerns immediate appeals from orders denying dismissals sought on double jeopardy grounds. The question is whether immediate appeals of those orders lie from the District Court of Maryland to a circuit court. As explained below, we shall answer in the negative.
Petitioner, Clinton R. Huff (Huff), on February 26, 1990, was operating a motor vehicle on Maryland Route 312 near Ridgely in Caroline County. Huff's vehicle was involved in a collision with another vehicle. One of his passengers, an adult in the rear seat, died in the collision. Huff was hospitalized. No criminal charges were issued immediately following the accident.
On April 11, 1990, the Maryland State Police trooper who investigated the accident presented a single application for a statement of charges to a commissioner of the District Court of Maryland. The police officer averred under oath that a consensual blood alcohol test administered to Huff revealed a level of 0.20%. The trooper requested that the commissioner charge Huff with the following offenses:
Homicide by motor vehicle while intoxicated in violation of Md.Code (1957, 1987 Repl.Vol., 1991 Cum.Supp.), Art. 27, § 388A;
Driving while intoxicated (DWI) in violation of Md.Code (1977, 1987 Repl.Vol.), § 21-902(a) of the Transportation Article (TA);
Driving a motor vehicle on a revoked license in violation of TA § 16-303;
Negligently driving a motor vehicle in violation of TA § 21-901.1(b);
Stopping, parking, or leaving a vehicle standing on the traveled portion of a highway outside of a business or residential district, in violation of TA § 21-1001(a);
Huff's failure to be restrained by a seat belt in violation of TA § 22-412.3(b); and
Transporting a child three to five years old without a child safety seat in violation of TA § 22-412.2(e).
In response the commissioner issued two charging documents and two warrants that same day, one set charging Art. 27 offenses, and the other charging offenses under the Transportation Article. The charging document under Art. 27 charged manslaughter by automobile in violation of § 388, in addition to homicide by motor vehicle while intoxicated under § 388A. The statement of charges alleging negligent driving in violation of TA § 21-901.1(b) advised that the present fine for that offense was $45. The next day, April 12, Huff was arrested and, a few days later, released on bail. Trial was set for August 27, 1990, in the District Court.
At no time did Huff exercise, or attempt to exercise, his right to a jury trial. See Md.Code (1974, 1989 Repl.Vol.), § 4-302(e)(1) and (2)(i) of the Courts and Judicial Proceedings Article (CJ).
On August 14, 1990, this Court decided Gianiny v. State, 320 Md. 337, 577 A.2d 795. There we held that Gianiny's payment of the present fine for negligent driving operated as a conviction, and that, for double jeopardy purposes, it was "immaterial that that conviction did not result from a trial or from acceptance of a guilty plea[.]" Id. at 346, 577 A.2d at 799.
Two days after Gianiny was decided and eleven days before trial in the District Court of the charges against him, Huff paid the present fine on the negligent driving charge.
The parties appeared in the District Court on the date set for trial. At some point during the District Court
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