Michael T. Herr was convicted by a jury, sitting in the Circuit Court for Worcester County, of three counts of possession of a controlled dangerous substance (“CDS”), to wit, marijuana, alprazolam, and oxycodone. The court imposed concurrent sentences of 90 days’ imprisonment for each of appellant’s convictions. This appeal followed, in which appellant challenges only the trial court’s denial of his motion for a mistrial.
The testimony at issue was a single response to a question asked during crossexamination. The court’s offer of a curative instruction was declined by defense counsel.