A state appeals court dismissed yesterday an appeal by Carroll County prosecutors, ruling that they have no right to challenge a change in a criminal's sentence though the defense asked a judge for the change after the 90-day limit.

That is because the time limit was created under state court rules, not state law. Rulings by the state's highest court on when prosecutors can appeal do not address a violation of court rules, the Court of Special Appeals said in a 2-1 decision.

The opinion was issued in the case of Calvin Lamont Warfield, sentenced in 1997 to 10 years on a drug conviction. In March 2001, well past the 90-day limit, he asked a Carroll County judge to change his sentence so that he could enter a drug treatment program, and the judge later agreed.