Carey v. State

James Barron Carey, appellant, was convicted in the Circuit Court for Montgomery County of sexual offenses in the first degree, kidnapping, and assault with intent to maim. Appellant elected a court trial and was tried before the Honorable John J. Mitchell. He received concurrent periods of incarceration of twenty years for the sexual offenses, ten years for kidnapping, and ten years for assault with intent to maim.

I

In endless cases, including this one, criminal defendants have requested courts at all levels to dismiss the charges because of a Md. Rule 746 violation — failure to commence…