In Maryland, subsequent offender papers can’t be filed for the first time on an appeal to Circuit Court
Photo from website of U.S. District Court (W.D. Mi.).
In Maryland, District Court prosecutors in the larger counties get inundated with cases, to the point that sometimes they might inadvertently overlook filing timely pretrial subsequent offender notices while the case is in District Court. Md. Rule 4-245(b).
If a defendant files a timely appeal from a District Court conviction for a retrial in Circuit Court, is the prosecutor then at liberty to file a subsequent offender notice in Circuit Court where no timely notice had been filed in District Court? Fortunately, the answer is no. Carter v. Maryland, 319 Md. 618,, 622-23 (1990).
In any event, even when the prosecutor has not lost the opportunity to file a subsequent offender notice, such notices should be reviewed for deficiencies with a fine-tooth comb. See Md. Rule 4-245(b).