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Criminal law — Sufficiency of the evidence — Intent to frighten

A jury in the Circuit Court for Harford County found appellant, Davonte Perry, guilty of home invasion, conspiracy to commit home invasion, conspiracy to commit robbery with a deadly or dangerous weapon, attempted robbery with a deadly or dangerous weapon, three counts of first-degree assault, and four counts of use of a firearm in the commission of felony or crime of violence. The court sentenced appellant to an aggregate sentence of 180 years imprisonment, with all but 30 years suspended.

Appellant timely noted this appeal and presents the following questions for our consideration: 1. Is the evidence [in]sufficient to sustain appellant’s conviction for the intent-to-frighten variety of assault of an eleven-month-old infant? 2. Did the trial court commit plain error by allowing the State to play an un-redacted recording of the victim making photographic identifications in which the victim made highly prejudicial statements about appellant including that he is “involved in gang activities,” was “always known for gettin’ in trouble,” and was a “bad guy[] everyone heard about”; alternatively, was defense counsel ineffective for failing to request a redaction of the recording, object to these comments, and/or request a mistrial once the portion of the recording containing these statements was played?

Read the opinion here: