Guarnera v. State, No. 209

• Court: Court of Special Appeals of Maryland
• Writing for the Court: THOMPSON
• Citation: 23 Md.App. 525,328 A.2d 327
• Docket Number: No. 209
• Decision Date: 21 November 1974
• Parties: Salvatore 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...