Donalds v. State

Full title: GARY DONALDS v . STATE OF MARYLAND

Court: Court of Appeals of Maryland

Date published: Sep 15, 1981

434 A.2d 581 (Md. 1981)

434 A.2d 581

Opinion

[No. 82, September Term, 1981.]

Decided September 15, 1981.

CRIMINAL LAW — Effect Of Maryland Rule 746 — Mandatory Dismissal Under Hicks Applies Only To Original Trial.

Certiorari to the Court of Special Appeals. (Circuit Court for Washington County, Wright, J.).

Certiorari was granted and judgment of the Court of Special Appeals in Donalds v. State, 49 Md. App. 106, 430 A.2d 113 (1981) is affirmed.

Judgment of the Court of Special Appeals affirmed; costs to be paid by the appellant.

The cause was submitted to MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

PER CURIAM:

Certiorari was granted in this case to consider whether the Court of Special Appeals erred in upholding the denial of petitioner's motion to dismiss under Mary Rule 746. For the reasons stated in Donalds v. State, 49 Md. App. 106, 430 A.2d 113 (1981), the judgment of the Court of Special Appeals is affirmed.

Judgment of the Court of Special Appeals affirmed; costs to be paid by the appellant.