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JAMES EARL DOBY v. STATE OF MARYLAND

Criminal procedure — Jury instructions — Self-defense, defense of others, necessity and mistake of fact

A jury in the Circuit Court for Prince George’s County convicted appellant, James Doby, of: (1) possession of a firearm by a person with a felony conviction; and (2) wearing, carrying, or transporting a handgun. The court sentenced appellant to ten years, all but five 1 years suspended, without the possibility of parole, for the conviction of possession of a firearm with a felony conviction, and it merged for sentencing purposes the conviction for carrying a handgun.

On appeal, appellant presents the following two questions for this Court’s review: 1. Did the circuit court abuse its discretion in refusing to instruct the jury on self-defense, defense of others, and necessity in relation to the charge of possession of a firearm as a felon? 2. Did the circuit court err in refusing to instruct the jury on mistake of fact?

Read the opinion here: