Fielding v. State

Panel: Wright, Kehoe, Lynne A. Battaglia (Senior Judge, Specially Assigned), JJ.

Battaglia, J.

*265 Whether the District Court is divested of its exclusive original jurisdiction over the charge of driving under the influence by the State's filing, in the circuit court, of a notice of intent to seek enhanced penalties as a subsequent offender is the question under consideration in the present appeal. We shall answer that question in the negative and, accordingly, shall vacate the judgments and remand with instructions to grant the motion to dismiss.

BACKGROUND

On two separate occasions, in August…