Opinion
2087-2021
10-28-2022
LUKE JOSEPH WARNER v. STATE OF MARYLAND
Circuit Court for Baltimore County Case Nos. 03-K-01-004662, 03-K-17-003099
Nazarian, Ripken, Zarnoch, Robert A. (Senior Judge, Specially Assigned), JJ.
OPINION
PER CURIAM
On April 9, 2021, the Circuit Court for Baltimore County entered an order denying Luke Joseph Warner's, appellant's, motion to reopen post-conviction proceedings. Warner claims to have never received notice of that ruling, and thus did not file his notice of appeal until January 12, 2022. On January 28, the circuit court-without prior notice-entered an order striking Warner's notice of appeal as untimely. Warner timely noted this appeal from that order. In its response brief, the State moves to dismiss this appeal because Warner's original notice was untimely.
The State agrees that the circuit court erred by striking Warner's notice without giving the prior notice required by Maryland Rule 8-203(b). We too agree and therefore vacate the circuit court's order striking Warner's notice. We decline the State's invitation to dismiss the appeal as untimely and instead direct the circuit court to reinstate Warner's first notice of appeal and issue the notice required by Rule 8-203(b).
JUDGMENT OF THE CIRCUIT COURT FOR BALTIMORE COUNTY VACATED. APPELLEE'S MOTION TO DISMISS DENIED. CASE REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION. COSTS TO BE PAID BY APPELLEE.
This is an unreported opinion, and it may not be cited in any paper, brief, motion, or other document filed in this Court or any other Maryland Court as either precedent within the rule of stare decisis or as persuasive authority. Md. Rule 1-104.