Guarnera v. State

Thompson, J., delivered the opinion of the Court. 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 á 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 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 State, shall escape, he shall be guilty of a felony and on conviction thereof by the Criminal Court of Baltimore City or by the circuit court of the county in which the escape takes place, be sentenced to confinement * * * for such additional period * * * as the court may adjudge.” Appellant argues that this section confers sole jurisdiction in the Criminal Court of Baltimore for escapes actually occurring in Baltimore City and that therefore the Circuit Court for Anne Arundel County is without jurisdiction to hear his case under § 1-501 of the Courts and Judicial Proceedings Article. Thus appellant’s precise contention is that this statute places jurisdiction, as opposed to venue, exclusively in the county where the elopement takes