Opinion
1121-2024
11-04-2024
SHAUNESI Y. DEBERRY v. STATE OF MARYLAND
Circuit Court for Anne Arundel County Case No.: C-02-CR-22-001623
Nazarian, Reed, Harrell, Glenn T., Jr. (Senior Judge, Specially Assigned), JJ.
OPINION [*]
PER CURIAM
A jury in the Circuit Court for Anne Arundel County, convicted Shaunesi Y. DeBerry, appellant, of second-degree assault. The court later sentenced her to three years' incarceration, all but time served suspended, followed by three years' probation. This Court then affirmed the conviction and sentence on direct appeal. DeBerry v. State, Nos. 114, 774, &1526, Sept. Term, 2023 (filed April 4, 2024) (per curiam).
DeBerry has since filed dozens of motions in this criminal case, which have been followed by dozens of noted appeals to this Court. This appeal covers one notice of appeal filed on August 5, 2024, from the denial of a "Motion for Ruling on Writ of Actual Innocence."
This order is not appealable. The circuit court did not deny DeBerry's petition for a writ of actual innocence. It merely refused to issue a premature ruling on the petition. Its decision is neither a final judgment nor an immediately appealable interlocutory order. See Md. Code Ann., Cts. &Jud. Proc. §§ 12-302 &303; see also Douglas v. State, 423 Md. 156, 170 (2011). So, under Maryland Rule 8-602(b)(1), we dismiss this appeal.
The record reflects that the State's time for responding to DeBerry's petition had not yet expired when the court denied her "Motion for Ruling[.]" See Md. Rule 4-332(f) & (h).
APPEAL DISMISSED. COSTS TO BE PAID BY APPELLANT.
[*]This is a per curiam opinion. Consistent with Rule 1-104, the opinion is not precedent within the rule of stare decisis, nor may it be cited as persuasive authority.