LaFAIVRE v. STATE

No. 93, September Term, 1994.

338 Md. 151 (1995)

JAMES MICHAEL LaFAIVRE v. STATE OF MARYLAND.

Court of Appeals of Maryland.

April 13, 1995.


Attorney(s) appearing for the Case

Nancy S. Forster, Asst. Public Defender, (Stephen E. Harris, Public Defender) both on brief, Baltimore, for appellant.

Mary Ann Ince, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), Baltimore, for appellee.

Argued before ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI, BELL, RAKER, and JOHN F. McAULIFFE, (Retired and Specially Assigned), JJ.


RODOWSKY, Judge.

This case involves some basics of criminal procedure. The petitioner was prosecuted in the District Court of Maryland on a multi-count charging document under which the petitioner was found guilty on one count, after the State had stetted another count and had entered nolle prosequis to still others. The issue is whether, on a de novo appeal, the State may prosecute in the circuit court as to all of the charges on that same charging document. We hold...

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