Criminal procedure — Jury instructions — Theft of property between $1,000 and $10,000
A jury in the Circuit Court for Allegany County convicted Appellant, James Patrick Law (“Law”), of theft of property valued between $1,000 and $10,000, and acquitted him on related burglary charges. Law, who was sentenced to eight years with three years suspended, plus $2,000 restitution and four years probation, filed a timely appeal.
In his appeal, Law presents the following question for our review: Whether the circuit court committed plain error by failing to instruct the jury that the State must prove that the defendant did not act “with an honest belief that the defendant had a right to obtain or exert control over” stolen property.
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