Criminal procedure — Jury instructions — Missing witness instruction
Following a jury trial in the Circuit Court for Baltimore City, Jerry Harris (“Appellant” or “Harris”) was convicted of robbery, two counts of second-degree assault, theft less than $1000 and conspiracy to commit the following crimes: robbery with a dangerous weapon, robbery, first degree assault, second degree assault and theft less than $1000.
The court sentenced Appellant to an aggregate term of 10 years. On appeal, he presents four issues which we rephrase and consolidate below:
I. Whether the trial court erred by allowing testimony that Appellant had invoked his Fifth Amendment right to counsel.
II. Whether the trial court erred by giving a missing witness instruction.
III. Whether the trial court erred in sentencing Appellant.