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Todd Erik Stone v. State of Maryland, No. 146, September Term, 1995 CRIMINAL LAW--It is error to for a trial de novo when defendant's whereabouts and not wilful, voluntary nor a dismiss an appeal to the circuit court the court has information about the the defendant's failure to appear was result of neglect or inaction.

IN THE COURT OF APPEALS OF MARYLAND No. 146 September Term, 1995 ___________________________________ TODD ERIK STONE v. STATE OF MARYLAND

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*Murphy, C.J. Eldridge Rodowsky Chasanow Karwacki Bell Raker, JJ. ___________________________________ Opinion by Raker, J. ___________________________________ Filed: November 26, 1996

*Murphy, C.J., now retired, participated in the hearing and conference of this case while an active member of this Court; after being recalled pursuant to the Constitution, Article IV, Section 3A, he also participated in the decision and adoption of this

opinion.

Following his conviction in the District Court of Maryland, the Petitioner, Todd Erik Stone, appealed to the Circuit Court for Worcester County in exercise of his right to trial de novo. Md. Code (1974, 1995 Repl. Vol., 1996 Cum. Supp.)

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