Gilmer v. State

BATTAGLIA, Judge.

Petitioner, Anthony Gilmer, pursuant to Maryland Code (2001), Section 6-218(b)(2) of the Criminal Procedure Article,1 *659seeks review of a judgment of the Court of Special Appeals affirming the Circuit Court’s refusal to give him credit for time served for charges unrelated to those for which he was being sentenced, that the State, without a plea bargain, had nolle prossed2 prior to sentencing. The specific question presented by Gilmer is:

Is a nolle prosequi the equivalent of a “dismissal” for purposes of Criminal Procedure Article Section 6-218(b)(2) which requires a trial…