Carter v. State

COLE, Judge.

In this case we are asked to determine whether a District Court sentence for driving under the influence of alcohol may be increased in the circuit court under the enhanced punishment statute when the subsequent offender notice is filed after the District Court trial but before the de novo appeal to the circuit court.

The Petitioner was charged with several motor vehicle violations including driving while intoxicated and driving under the influence of alcohol. Md.Trans.Code Ann. § 21-902(a) and (b) (1987 Repl.Vol.).1 Petitioner had a history of alcohol related convictions, and the…