MARVIN MANDEL, Governor                                     73

Article — Courts and Judicial Proceedings
Section 12-302(c) and 12-401 (a)
Annotated Code of Maryland
(1974 Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED    BY THE GENERAL ASSEMBLY OF

MARYLAND, That [[Section 12-302 (c)]] Sections 12-302(c)

and 12-401(a) of Article - Courts and Judicial

Proceedings, of the Annotated      Code of Maryland (1974

Volume and 1975 Supplement)       be and [[it is]] they are

hereby repealed and reenacted,    with amendments, to read
as follows:

Article — Courts and Judicial Proceedings

12-302.

(c) In a criminal case, the State may appeal [only]:

(1)     from a final judgment granting a motion
to dismiss or quashing or dismissing any indictment,
information, presentment, or inquisition [in a criminal
case]; AND

(2)    FROM A FINAL JUDGMENT IF THE STATE
ALLEGES THAT THE TRIAL JUDGE FAILED TO IMPOSE THE
SENTENCE SPECIFICALLY MANDATED BY THE CODE.

12-401.

(a) A party in a civil case or the defendant in a
criminal case may appeal from a final judgment entered in

the District Court. IN A CRIMINAL CASE, THE STATE MAY

APPEAL FROM A FINAL JUDGMENT IF THE STATE ALLEGES THAT

THE TRIAL JUDGE FAILED TO IMPOSE THE SENTENCE

SPECIFICALLY MANDATED BY THE CODE. In a criminal case,

the defendant may appeal even though imposition or

execution of sentence has been suspended.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall be construed only prospectively and may not be
applied or interpreted to have any effect upon or
application to any event or happening occurring prior to
the effective date of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1976.

Approved April 1, 1976.

CHAPTER 50
(Senate Bill 60)