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JERRY HARRIS v. STATE OF MARYLAND

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.

Read the opinion here: