State v. Hernandez

MARVIN H. SMITH, Judge,

Retired, Specially Assigned.

We shall here hold that denial by the Court of Special Appeals of leave to appeal from a guilty plea pursuant to Maryland Code (1974, 1996 Repl.Vol.), Courts and Judicial Proceedings Article § 12-202 enacted by Chapter 295 of the Acts of 1983 does not amount to final litigation of an alleged error within the meaning of Code (1957, 1996 RepLVol.) Art. 27, § 645A. 1 Hence, we shall affirm the judgment of the Court of Special Appeals in Hernandez v. State, 108 Md.App. 354, 672 A.2d 103 (1996).

Hernandez entered a guilty plea in the Circuit Court…