dissents:
I respectfully dissent based solely on what I believe to be a violation of Rule 746.
The Maryland Code (1957, 1982 Repl. Vol.) Art. 27, Sec. 591 as implemented by Md. Rule 746 clearly requires that in the Circuit Court criminal case, no trial date shall be set later than 180 days after the appearance of counsel or waiver of counsel or after the appearance of the defendant pursuant to Md. Rule 723. It also provides that "(t)he date established for the trial of the matter shall not be postponed except for good cause shown by the moving party...”
The Court of Appeals in State v. Hicks, 285 Md. 310, 403 A.2d 356, in motion for reconsideration 285 Md. 334, 403 *524A.2d 368 (1979), held that the 180-day time limit was mandatory and that where a case is not tried within the requisite time and does not comply with the requirements of Art. 27, Sec. 591 and Md. Rule 746, "dismissal of the criminal charges is the appropriate sanction.” 285 Md. at 318, 403 A.2d 356.
There is an exception to the dismissal requirement "where the defendant, either individually or by his attorney, seeks or expressly consents to a trial date in violation of Md. Rule 746, Id. at 335, 403 A.2d 368”. No such exception is present here.
The State contends that "good cause” exists in this case and indeed that may be so. However, even if "good cause” exists, the fact remains that no order of postponement extending the trial beyond the 180-day limit was granted.
The State never sought a postponement even though it was invited to do so on the trial date of August 4. Not only did the State fail to request a postponement, but no sua sponte order for a postponement was made by the trial judge.
The Court of Appeals in Goins v. State, 293 Md. 97, 442 A.2d 550 (1982) clearly articulated what is necessary to permit a trial to be postponed beyond the mandatory 180-day limit of Md. Rule 746. The Court stated that "good cause” for the extension must be shown and that an order postponing the trial date must be granted or approved by the county administrative judge. As stated in Goins v. State, supra, at 293 Md. 111-112:
". . . (A)s long as the county administrative judge extends or approves of the extension of the trial date, and the order is supported by the necessary cause, the requirements and purposes of Par. 591 and Rule 746 have been fulfilled.”
Because no order was signed approving the extension, the trial of the case beyond the 180-day limit was a clear violation of Art. 27, Sec. 591 and Md. Rule 746, and dismissal of the charge is the appropriate sanction.