Kleberg v. State

ELDRIDGE, Judge.

The issue presented by the petition for a writ of certiorari concerns a defendant’s right to a circuit court jury trial on a de novo appeal from a District Court judgment in a criminal case.

Dana Marcellus Kleberg was charged with both driving while intoxicated and driving while under the influence of alcohol in violation of Maryland Code (1977, 1987 Repl.Vol.), § 21-902 of the Transportation Article. Driving while intoxicated is prohibited by § 21-902(a) of the Transportation Article, and, under § 27-101(k) of that Article, is subject to a maximum penalty for a first offense…