r1r STANDING COMMITTEE ON RULES OF PRACTICE - Maryland ...

irregularity. If the appeal is reinstated, the circuit court
shall notify the District Court of the reinstatement and request
the District Court to return the file.
(4) If the appeal of a defendant in a criminal case who was
sentenced to a term of confinement and released pending appeal
pursuant to Rule 4-349 withdraws the appeal is dismissed, the
circuit court shall (A) issue a warrant directing that the
defendant be taken into custody and brought before a judge or
commissioner of the District Court or (B) enter an order that
requires the defendant to appear before a judge or commissioner.
The warrant or order shall identify the District Court case by
name and number and shall provide that the purpose of the
appearance is the entry of a commitment that conforms to the
judgment of the District Court.
. . .
REPORTER’S NOTE
In Gonzales v. State, 388 Md. 63 (2005), the Court of
Appeals pointed out that Rule 7-112 (f) does not set a time
deadline as to when an appeal may be withdrawn and asked the
Rules Committee to review this gap in the Rule. The Committee
recommends that Rule 7-112 be amended to allow an appellant to
dismiss an appeal “at any time before the commencement of trial.”
The proposed change provides a definitive time frame and is
consistent with the time jeopardy attaches in cases in which the
possibility of double jeopardy may exist.
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