State v. Simms

This case confronts the question of when the State may exercise its discretion to enter a nolle prosequi 1 to a charge(s) against a criminal defendant. After conviction and sentencing in the Circuit Court for Anne Arundel County for conspiracy to violate the Controlled Dangerous Substance laws, Leonard Simms (“Mr. Simms”) appealed to the Court of Special Appeals. Before the Court of Special Appeals heard oral arguments, the State, in the trial court, nol prossed the charge underlying Mr. Simms’ conviction and sentence. Subsequently, the State moved to dismiss the case pending before the Court…