State v. Martin

BELL, Chief Judge.

The question this case presents is whether and, if so, when, the State may proceed with the prosecution of a lesser included offense of a charge that it has specifically nolle prossed. We shall hold that it may do so, but only when, at the time of the entry of the nolle pros, the State has clearly made known its intention to proceed with the lesser offense. We further hold that, in this case, that was not done. Accordingly, we shall affirm the judgment of the Court of Special Appeals.

It is well settled in this State that charging an offense for which there are lesser…