Guarnera v. State, No. 209

CourtCourt of Special Appeals of Maryland
Writing for the CourtTHOMPSON
Citation23 Md.App. 525,328 A.2d 327
Docket NumberNo. 209
Decision Date21 November 1974
PartiesSalvatore J. GUARNERA v. STATE of Maryland.

Page 525

23 Md.App. 525
328 A.2d 327
Salvatore J. GUARNERA
v.
STATE of Maryland.
No. 209.
Court of Special Appeals of Maryland.
Nov. 21, 1974.

Arthur D. Condon, Assigned Public Defender, Washington, D. C., for appellant.

Gary Melick, Asst. Atty. Gen., with whom were Francis B. Burch, Atty. Gen., James L. Bundy,

Page 526

Asst. Atty. Gen., Warren [328 A.2d 328] B. Duckett, Jr., State's Atty., for Anne Arundel County and John T. Cantu, Asst. State's Atty., for Anne Arundel County, on the brief, for appellee.

Page 525

Argued before THOMPSON, MOORE and LOWE, JJ.

Page 526

THOMPSON, Judge.

Salvatore J. Guarnera, appellant, was convicted of escape by the Circuit Court for Anne Arundel County, Judge Matthew S. Evans presiding. Prior to the escape appellant was legally incarcerated at the Maryland House of Correction in Anne Arundel County; however, the elopement occurred while the appellant was in Baltimore City on a work release program. The only issue on appeal is whether the appellant's contention raises a question of jurisdiction or venue.

Appellant concedes that if the question presented is one of venue, there was a waiver by reason of his failure to raise the issue in the trial court. Md.Rule 725 b. He contends, however, that the question is one of jurisdiction, which under the rule can be raised at any time.

Appellant's contention in that regard is a three-step process. First, he states that the jurisdiction of the Circuit Court for Anne Arundel County is derived from § 20 of Art. IV of the Constitution of Maryland. That section provides that Circuit Courts 'shall have and exercise, in the respective counties, all the power, authority and jurisdiction, original and appellate, which the present Circuit Courts of this State now have and exercise, or which may hereafter be prescribed by law.'

Appellant's second step is contained in Md.Code, Courts & Judicial Proceedings Article § 1-501 which provides as follows:

'The circuit courts are the highest common-law and equity courts of record exercising original jurisdiction within the state. Each has full common-law and equity powers and jurisdiction in all civil and criminal cases within its county, and

Page 527

all the additional powers and jurisdiction conferred by the Constitution and by law, except where by law jurisdiction has been limited or conferred exclusively upon another tribunal.'

Appellant's final step is based on Md. Code, Art. 27, § 139 which provides:

'If any offender or person legally detained in the * * * house of correction * * * in this...

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7 practice notes
  • State v. Jones, No. 720
    • United States
    • Court of Special Appeals of Maryland
    • April 7, 1982
    ...the distinction. In sum, jurisdiction is the power to hear and determine a case; venue signifies the place of trial. Guarnera v. State, 23 Md.App. 525, 328 A.2d 327 The statute at issue in the State's first argument, Art. 27, § 465, is reproduced below: § 465. Jurisdiction where victim tran......
  • Special Investigation No. 224, In re, No. 202
    • United States
    • Court of Special Appeals of Maryland
    • April 7, 1983
    ...v. State, 223 Md. 329, 164 [458 A.2d 457] A.2d 539 (1960); Kisner v. State, 209 Md. 524, 122 A.2d 102 (1956); Guarnera v. State, 23 Md.App. 525, 328 A.2d 327 (1974); Stewart v. State, 21 Md.App. 346, 319 A.2d 621 (1974), aff'd, 275 Md. 258, 340 A.2d 290 (1975); and two bits of dicta from St......
  • Smith v. State, No. 1011
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1996
    ...court to hear the case. Venue, alternatively, pertains to the place of trial. See, id. at 467-68 n. 1, 487 A.2d 306; Guarnera v. State, 23 Md.App. 525, 528, 328 A.2d 327 (1974). Jurisdiction and venue, although both founded in locality, differ. Despite this discord, we believe ultimately, b......
  • Spencer v. State, No. 1406
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1987
    ...in which a court of appropriate jurisdiction may properly hear and determine the case in the first instance." Guarnera v. State, 23 Md.App. 525, 528, 328 A.2d 327 (1974), cert. denied, 274 Md. 728 (1975), citing Stewart v. State, 21 Md.App. 346, 348, 319 A.2d 621 (1974), aff'd, 275 Md.......
  • Request a trial to view additional results
7 cases
  • State v. Jones, No. 720
    • United States
    • Court of Special Appeals of Maryland
    • April 7, 1982
    ...the distinction. In sum, jurisdiction is the power to hear and determine a case; venue signifies the place of trial. Guarnera v. State, 23 Md.App. 525, 328 A.2d 327 The statute at issue in the State's first argument, Art. 27, § 465, is reproduced below: § 465. Jurisdiction where victim tran......
  • Special Investigation No. 224, In re, No. 202
    • United States
    • Court of Special Appeals of Maryland
    • April 7, 1983
    ...v. State, 223 Md. 329, 164 [458 A.2d 457] A.2d 539 (1960); Kisner v. State, 209 Md. 524, 122 A.2d 102 (1956); Guarnera v. State, 23 Md.App. 525, 328 A.2d 327 (1974); Stewart v. State, 21 Md.App. 346, 319 A.2d 621 (1974), aff'd, 275 Md. 258, 340 A.2d 290 (1975); and two bits of dicta from St......
  • Smith v. State, No. 1011
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1996
    ...court to hear the case. Venue, alternatively, pertains to the place of trial. See, id. at 467-68 n. 1, 487 A.2d 306; Guarnera v. State, 23 Md.App. 525, 528, 328 A.2d 327 (1974). Jurisdiction and venue, although both founded in locality, differ. Despite this discord, we believe ultimately, b......
  • Spencer v. State, No. 1406
    • United States
    • Court of Special Appeals of Maryland
    • September 1, 1987
    ...in which a court of appropriate jurisdiction may properly hear and determine the case in the first instance." Guarnera v. State, 23 Md.App. 525, 528, 328 A.2d 327 (1974), cert. denied, 274 Md. 728 (1975), citing Stewart v. State, 21 Md.App. 346, 348, 319 A.2d 621 (1974), aff'd, 275 Md.......
  • Request a trial to view additional results

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