April 8, 2014
DANNY C. HOSKINS
STATE OF MARYLAND
DNA Appeal (Circuit Court for Cecil County) Thomas G. Ross, JUDGE.
ARGUED BY Peter F. Rose, Assistant Public Defender (Paul B. DeWolfe, Public Defender, of Baltimore MD) on brief FOR APPELLANT.
ARGUED BY Robert Taylor, Jr. Assistant Attorney General (Douglas F. Gansler, Attorney General of Maryland, of Baltimore, MD) on brief FOR APPELLEE.
ARGUED BEFORE: Barbera, C.J., Harrell, Battaglia, Greene, Adkins, and McDonald, Watts, JJ.
PER CURIAM ORDER
Mary Ellen Barbera, Chief Judge
This case having been argued before the Court in the April Session of Court and upon consideration of the pleadings, papers, briefs, and record extract, it is this 8th day of April, 2014,
[437 Md. 613] ORDERED, by the Court of Appeals of Maryland, that the motion to dismiss filed by the State be, and it is hereby, granted, it being determined by the Court that the relief sought by Petitioner/Appellant is not within the ambit of Section 8-201 of the Criminal Procedure Article, and it is further
ORDERED, that this case is remanded to the Court of Special Appeals to consider the application for leave to appeal previously filed in that Court.