" We stated that "[i]t is the specific statutory authorization of imprisonment in the penitentiary (even as an alternative to other forms of punishment), and not the punishment actually imposed, which determined whether the unlimited period or the one year period of the statute should be applicable." Massey v. State, 320 Md. 605, 611, 579 A.2d 265, 268 (1990). To see an example of the required language, see Maryland Code (1957, 1996 Repl. Vol., 2000 Supp.), Article 27, § 8(b)(2), which states that "[a] person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment in the penitentiary . . . ."