Daily Record Staff//April 24, 2015
//April 24, 2015
In this appeal, Jarrod Warren Ramos, appellant, who prayed a jury trial after he was charged in the District Court with harassment under Maryland Code, Criminal Law Article (“Crim.”), § 3-803, challenges an order by the Circuit Court for Anne Arundel County remanding his case to the District Court of Maryland for Anne Arundel County. The circuit court ruled that it lacked subject matter jurisdiction because Maryland Code, Courts and Judicial Proceedings Article (“CJP”), § 4-302(e)(2)(i), provides: “Unless the penalty for the offense with which the defendant is charged permits imprisonment for a period in excess of 90 days, a defendant is not entitled to a jury trial in a criminal case.” The circuit court
determined that appellant is not entitled to a jury trial because, even though he was previously prosecuted for violating Crim. § 3-803, he fulfilled the conditions of probation before judgment imposed with respect to that prior charge, and therefore, he is not subject to the enhanced sentence of up to 180 days that applies to “a second or subsequent offense” because there was no prior conviction of record following his discharge from probation.
In his pro se brief, appellant presents the following questions:
1. Did [the circuit court] err as a matter of law by ruling [it] did not have jurisdiction?
2. Has the District Court been conclusively deprived of jurisdiction by the State’s failure to appeal that court’s exercise of its exclusive original jurisdiction?
We answer “no” to both questions, and affirm the circuit court’s order remanding the case to the District Court.