Fontaine v. State

EYLER, Judge.

Appellant, Benjamin Basil Fontaine, was convicted by the Circuit Court for Wicomico County, after a nonjury trial on an Agreed Statement of Facts, of possession with intent to distribute. Prior to trial, appellant moved to dismiss the charges for lack of jurisdiction and moved to suppress cocaine found on his person. The court denied both motions.

On appeal, appellant contends that the court erred in both instances. We agree that the court lacked jurisdiction and, thus, reverse the conviction.

Factual Background

We adopt the statement of facts presented by the appellant:

MOTION/SUPPRE…