ADKINS, J.
In Maryland, a victim is not a party to a criminal prosecution. Hoile v. State, 404 Md. 591, 606, 948 A.2d 30, 39 (2008).
Pursuant to Maryland Rule 8-204(b), an application for leave to appeal "shall be filed within 30 days after entry of the judgment or order from which the appeal is sought." In this case, we consider whether the Court of Special Appeals had jurisdiction to consider an appeal challenging a denial of restitution when the application for leave to appeal was filed more than 30 days after a final sentencing judgment, but less than 30 days after the denial of a motion for reconsideration challenging the sentencing judgment.
In May 2011, Petitioner, Shyquille Griffin, and Antonio Whitely arranged to purchase marijuana from Respondent, Andrew Lindsey. When the three met to consummate the transaction, Whitely was dissatisfied with the quantity of marijuana that Lindsey provided. Consequently, Griffin approached Lindsey, who was seated in his vehicle, and asked him "for what else he had in the car." Whitely then approached with a handgun brandished and pointed the weapon at Lindsey, demanding "everything that he had in the vehicle." As Lindsey drove off, Whitely shot him in the arm.
Griffin and Whitely were indicted in June 2011 on charges related to the shooting.
At a plea hearing conducted on December 16, 2011, the parties presented the Agreement to the Circuit Court for Prince George's County. The hearing judge accepted the terms of the Agreement, concluding that there was a sufficient factual basis for the guilty plea to Count 4. The hearing judge then postponed sentencing until January 2012.
After satisfying the terms of the Agreement,
Invoking § 11-103(e) of the Criminal Procedure Article and arguing that the hearing court improperly denied his request for restitution, Lindsey filed a timely "Motion for Reconsideration of Restitution and Request for Hearing" ("CP § 11-103(e) Motion") on February 13, 2012. The Circuit Court denied the CP § 11-103(e) Motion on March 7, 2012, reiterating that ordering restitution would violate the Agreement, which did not include restitution, and reasoning, for the first time, that ordering restitution would violate "the Constitution."
Lindsey filed an "Application for Leave to Appeal to the Court of Special Appeals" ("Application") on April 5, 2012, which was granted. The intermediate appellate court reversed the Circuit Court, holding that although the Application was untimely with respect to the Circuit Court's January 13, 2012 sentencing judgment, the Application was timely with respect to the Circuit Court's March 7, 2012 order denying Lindsey's CP § 11-103(e) Motion.
Because we answer yes to the first question, we need not address the second and shall reverse the judgment of the Court of Special Appeals.
The Circuit Court ruled that Lindsey was not entitled to restitution as a matter of law. We review questions of law without deference. See Walter v. Gunter, 367 Md. 386, 392, 788 A.2d 609, 612 (2002) ("[W]here the order involves an interpretation and application of Maryland statutory and case law, our Court must determine whether the lower court's conclusions are `legally correct' under a de novo standard of review.").
The Circuit Court denied Lindsey's restitution request on two separate occasions: first on January 13, 2012 when it sentenced Griffin without ordering restitution and then again on March 7, 2012 when it denied Lindsey's CP § 11-103(e) Motion. Pursuant to Maryland Rules 8-202(a) and 8-204(b), notices of appeal and applications for leave to appeal, respectively, "shall be filed within 30 days after entry of the judgment or order from which the appeal" is taken or sought. The 30-day requirement for notices of appeal "is jurisdictional; if [it] is not met, the appellate court acquires no jurisdiction and the appeal must be dismissed." Houghton v. Cnty. Comm'rs of Kent Cnty., 305 Md. 407, 413, 504 A.2d 1145, 1148 (1986), superseded by Rule on other grounds as stated in Hiob v. Progressive Am. Ins. Co., 440 Md. 466, 103 A.3d 596 (2014). "When an application for leave to appeal is granted, and it is determined that the application was not filed timely, this same principle applies, and the appeal must be dismissed." Keys v. State, 195 Md.App. 19, 27, 5 A.3d 1113, 1118 (2010).
Lindsey filed his Application on April 5, 2012 — more than 30 days after the sentencing judgment, but less than 30 days after the Order denying the CP § 11-103(e) Motion. Although Lindsey satisfied Rule 8-204(b)'s 30-day deadline with respect to his CP § 11-103(e) Motion, we must address whether, when Lindsey filed his Application, victims had a right to file an application for leave to appeal the denial of CP § 11-103(e) motions. If victims did not have this right, Lindsey's Application was untimely and, therefore, the Court of Special Appeals did not have jurisdiction to consider his appeal.
Any right of a victim to file an application for leave to appeal, "must originate from the General Assembly, not from this Court." Lopez-Sanchez v. State, 388 Md. 214,
Griffin and Lindsey offer competing interpretations of CP § 11-103(b). Griffin argues that because the reconsideration provision did not appear in CP § 11-103(b), Lindsey did not have a right to file an application for leave to appeal the denial of his CP § 11-103(e) Motion. Lindsey counters that although the reconsideration provision was absent from CP § 11-103(b), a CP § 11-103(e) motion is, at its heart, nothing more than a mechanism for asking a court to review its earlier determination under CP § 11-603 — the "restitution provision." In other words, the restitution provision is embodied in a CP § 11-103(e) motion. Thus, Lindsey contends, because the restitution provision appears in CP § 11-103(b), he had a right to file an application for leave to appeal the denial of his CP § 11-103(e) Motion.
When interpreting CP § 11-103(b), we bear in mind that "[t]he cardinal rule of statutory construction is to ascertain and effectuate the intent of the Legislature." Walzer v. Osborne, 395 Md. 563, 571, 911 A.2d 427, 431 (2006) (citation and internal quotation marks omitted). In ascertaining the General Assembly's intent, we apply our oft-repeated canons of statutory construction:
Williams v. Peninsula Reg'l Med. Ctr., 440 Md. 573, 580-81, 103 A.3d 658, 663 (2014) (alterations in original). Specifically, when construing statutes granting the right to appeal, we must do so narrowly. Rush v. State, 403 Md. 68, 98, 939 A.2d 689, 706 (2008).
Beginning with the plain meaning of the language of the statute, the reconsideration provision is clearly absent from CP § 11-103(b). This is significant because "[t]he principles of applying a plain meaning approach [to statutory construction] include consideration of the doctrine of expressio unius est exclusio alterius (the expression of one thing is the exclusion of another)." Hudson v. Hous. Auth. of Balt. City, 402 Md. 18, 30, 935 A.2d 395, 402 (2007) (citation and internal quotation marks omitted). This doctrine is a "fundamental principle of construction, long recognized in Maryland." Id. Although we have stated that this doctrine should be "used with caution,"
Consistent with this doctrine, we have held that when a certain element is not expressly stated in the language of a statute or Maryland Rule, the statute or Rule is unambiguous and does not include that element. For instance, in Rush v. State, supra, we considered whether Maryland Code (1974, 2006 Repl. Vol.), § 12-302(c)(3) of the Courts and Judicial Proceedings Article ("CJP") permitted a defendant to file a cross-appeal when the State appealed the grant of a motion to suppress. Because the plain language of CJP § 12-302(c)(3) only addressed the State's right to appeal an order granting suppression,
In State v. Manck, another case dealing with appellate rights under Maryland Code (1973, 2002 Repl. Vol., 2004 Cum. Supp.), § 12-302(c) of the Courts and Judicial Proceedings Article, we concluded that the State did not have a right to appeal the trial court's decision to strike the State's "Notice of Intention to Seek the Penalty of Death." 385 Md. 581, 598, 870 A.2d 196, 206 (2005). Because § 12-302(c) did not explicitly identify this type of trial court decision as one from which the State may appeal, we concluded the State "[c]learly" did not have a right to appeal. Id. We explained that expanding the statute's appellate rights beyond those explicitly identified in Section 12-302(c) "would violate the separation of powers doctrine." Id. at 598 n. 13, 870 A.2d at 206 n. 13.
Lindsey argues that we should consider a CP § 11-103(e) motion to be synonymous with an original request for restitution under CP § 11-603. But Lindsey cites no case in which we have held that a motion for reconsideration is the same as, or should be treated the same as, the action that caused the judgment subject to reconsideration. Our independent research, likewise, reveals no such case. Thus, Lindsey cannot overcome the exclusion of the reconsideration provision in CP § 11-103(b) by relying on the inclusion of the restitution provision in CP § 11-103(b).
Not only does Lindsey's argument defy the unambiguous language of CP § 11-103(b),
We have long held that a sentencing judgment is a final judgment for purposes of appeal.
In conclusion, we hold that Lindsey's appeal was untimely because CP § 11-103(b) did not permit a crime victim to file an application for leave to appeal the denial of a CP § 11-103(e) motion. We construe grants of appellate authority narrowly, and the language of CP § 11-103(b) is unambiguous — it does not include the right to appeal from a denial of a CP § 11-103(e) motion. Griffin's January 13, 2012 sentencing was a final judgment, and Lindsey cannot rely on his appeal from the denial of his subsequent motion for reconsideration to escape his failure to timely file his Application after the sentencing. Accordingly, because Lindsey's appeal was untimely, the Court of Special Appeals did not have jurisdiction to consider it, and we reverse its judgment.
GREENE and McDONALD, JJ., dissent.
GREENE, J., which McDONALD, J., joins.
I respectfully dissent.
Against the General Assembly's goal in enacting § 11-103 of the Criminal Procedure Article ("CP")-which serves to protect the rights victims of crimes are afforded by law-the majority in essence holds that a victim
As the majority has outlined in greater detail, on January 13, 2012, the state informed the trial court during sentencing that Lindsey sought restitution. This motion was denied by the court on the grounds that restitution would violate the terms of Griffin's plea agreement. The trial court proceeded to sentence Griffin to 15 years of incarceration, with all but 18 months suspended, along with three years of supervised probation. As the majority notes, following the trial court's denial of Lindsey's request for restitution, Respondent filed a timely motion for reconsideration pursuant to CP § 11-103(e)(2) on February 13, 2012, attaching his medical bills to the motion.
Under CP § 11-103(b), as it existed at the time, "a victim of a violent crime ... may file an application for leave to appeal to the Court of Special Appeals from an interlocutory or final order that denies or fails to consider a right secured to the victim by ... § 11-603 of this title[.]" The "right secured" by CP § 11-603 is the right to restitution. The statute provides in relevant part:
CP § 11-603 (emphasis added).
Although the majority is correct that CP § 11-103(e)(2) — the vehicle by which Respondent timely challenged the trial court's January 13, 2012 denial of the request for restitution — is not specifically
The holding of the majority leads to an odd statutory scheme, out of step with the General Assembly's trend in granting victims rights, see Lopez-Sanchez v. State, 388 Md. 214, 230, 879 A.2d 695, 704 (2005) (Wilner, J., concurring), superseded by statute as recognized in Hoile v. State, 404 Md. 591, 605, 948 A.2d 30, 39 (2008). In the majority's view, when Respondent's initial motion for restitution on January 13, 2012 was denied, he should have recognized that the denial was a final order denying a right secured to him as a crime victim. In addition, the majority suggests, he should have appreciated that the denial of a motion to reconsider restitution would not be considered a final order and therefore would not be appealable. In my view, Respondent's reliance on CP § 11-103(e)(2), therefore was, indeed, a trap: by not realizing that the denial of the motion for reconsideration would not qualify as a final order denying his right to restitution, Respondent forfeited his right to appellate review. Failing to simultaneously file a motion for reconsideration and apply for leave to appeal extinguished Respondent's right to appeal an erroneous decision, despite state constitutional provisions and statutes that suggest that the General Assembly is committed at the very least to not erecting such barriers between crime victims and their rights. Article 47 is worded quite broadly, guaranteeing crime victims the right to "be treated by agents of the State with dignity, respect, and sensitivity during all phases of the criminal justice process." Md. Decl. of Rights Art. XLVII. The majority's holding suggests that the legislature intended to accomplish the opposite in adopting CP § 11-103(e)(2).
A major concern of the majority appears to be that future victims, and possibly defendants as well, could "allow the time for noting an appeal from [a final, appealable] judgment to lapse and escape the jurisdictional bar by filing another, identical motion or a motion to reconsider the earlier ruling months or years later and then appealing the denial of that second motion." Maj. Op. at 290, 119 A.3d at 760 (quoting Chmurny v. State, 392 Md. 159, 166, 896 A.2d 354, 358 (2006)). This concern, in part, appears to arise from the situation in Chmurny which the majority discusses at length. The extraordinary circumstances of Chmurny, involving the defendant's suicide between the verdict and sentencing, and the lawyer taking it upon himself to attempt to sneak in an appeal by filing an identical motion four years after the trial court denied a motion for reconsideration, make the case less than controlling and diminish its effect on the instant case.
There is no suggestion in the record that Respondent was attempting to skirt the thirty day filing requirement under CP § 11-103(b). Indeed, Respondent submitted a timely motion to reconsider the trial court's decision at sentencing — a decision that should not be punished. The majority's concern, whatever its worth might be in another case, is without merit in the instant matter because, under CP § 11-103(e)(2)(i), Respondent had only thirty days to "file a motion requesting relief." Affirming the Court of Special Appeals would not lead to any of the consequences contemplated by Chmurny. Because the victim produced competent evidence of his medical expenses, the trial judge in the instant case was bound by law, absent extraordinary circumstances not present in this case, to order restitution and lacked the discretion to do otherwise. See CP § 11-603(b) ("A victim is presumed to have a right to restitution under subsection (a) of this section if ... the victim or the State requests restitution; and ... the court is presented with competent evidence of any item listed in subsection (a) of this section.").
Furthermore, affirming the judgment of the Court of Special Appeals would be consistent with appeals from denials of motions for reconsideration in other legal contexts. See, e.g., Wilson-X v. Dept. of Human Res., 403 Md. 667, 674-75, 944 A.2d 509, 514 (2008) ("[T]he ruling on a motion for reconsideration is ordinarily discretionary, and [] the standard of review in such a circumstance is whether the court abused its discretion in denying the motion."); Grimberg v. Marth, 338 Md. 546, 553, 659 A.2d 1287, 1290 (1995) (finding that an appeal, filed more than thirty days after judgment but fewer than thirty days after denial of motion for reconsideration, would lie and that the scope of review would be "limited to whether the trial judge abused his discretion in declining to reconsider the judgment"); First Federated Commodity Trust Corp. v. Comm'r of Sec., 272 Md. 329, 332-33, 322 A.2d 539, 542 (1974) (appeal from order dismissing motion to vacate held timely, but scope of review limited to abuse of discretion); S. & G. Realty Co., Inc. v. Woodmoor Realty Corp., 255 Md. 684, 689, 259 A.2d 281, 283-84 (1969) (involving an appeal filed more than thirty days after the entry of judgment but within thirty days of decision on a motion to set aside or modify decree treated as an appeal solely from a decision on a motion, and abuse of discretion standard applied); State v. Bundy, 52 Md.App. 456,
Accordingly, I would affirm the judgment of the Court of Special Appeals.
Judge McDONALD has authorized me to state that he joins in this dissenting opinion.
(Emphasis added.)
Chmurny v. State, 392 Md. 159, 167-68, 896 A.2d 354, 358-59 (2006) (internal citations, quotation marks, and alteration omitted).