Criminal procedure — Jury instruction — Missing evidence
Peter Ghaznavi, appellant, was convicted by a jury sitting in the Circuit Court for Montgomery County of possession of heroin with the intent to distribute. He was subsequently sentenced by the court to 14 years of imprisonment.
Appellant presents the following questions on appeal, which we have slightly rephrased: I. Did the trial court err in denying appellant’s motion for mistrial based on appellant’s sister’s allegation that the State prosecutor “coached” a testifying police officer prior to his testimony? II. Did the trial court err in not allowing appellant to call his sister to testify that she had allegedly overheard the State prosecutor “coach” a testifying police officer prior to his testimony? III. Did the trial court err in denying appellant’s motion for a mistrial or new trial because sheriff’s deputies asked appellant’s mother and sister to leave the courtroom during trial? IV. Did the trial court err in refusing to give a missing evidence jury instruction about a surveillance videotape and the baggie containing the heroin appellant dropped at the police station? V. Did the trial court err in denying appellant’s motion for judgment of acquittal because the State failed to prove possession and intent?