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ANTHONY DERRELL GREEN v. STATE OF MARYLAND

Criminal procedure — Motion to suppress evidence — Stop and frisk

On the afternoon of March 29, 2017, a caller who identified herself as Denitria reported to a 911 operator that a short and dark-skinned man in his late-20s, wearing a red turban, gray shirt, and colorful pants had just threatened her with a gun because of a fight she had gotten into with his girlfriend the day before. Denitria told the operator that the man was walking up Colombia Park Road toward Belle Haven Drive, and that another woman said he was carrying the gun in his waistband. She provided the operator with her phone number and said she would be at “Building 1921” of the Summer Ridge Apartments on Belle Haven Drive Prince George’s County Police Officer Tyrone D. Thomas responded to Belle Haven Drive and saw a man matching the description that Denitria had given and who was later identified as the appellant, Anthony Green. Officer Thomas later testified that Green was standing by a bus stop in front of the apartment complex gate, and that when Thomas turned his vehicle to approach, Green “attempted to run off.” Officer Thomas ordered Green to stop, then grabbed him by the shoulders and led him over to his police car. Officer Baird, who had arrived at the scene as back-up, and Officer Thomas both observed Green reach toward his waistband. Fearing that Green was reaching for a gun, Officer Baird grabbed Green’s arm and removed a gun from his waistband. Prior to his jury trial in the Circuit Court for Prince George’s County on charges relating to his possession of the firearm and ammunition, Green sought to suppress the gun and the ammunition that was loaded in the gun. The suppression court denied Green’s motion and Green was convicted by the jury for wearing and carrying a handgun plus three separate gun and ammunition possession charges. This timely appeal followed in which Green presents three issues for our review: I. “Did the court err in denying the motion to suppress?” II. “Did the trial court commit plain error in prohibiting the re-crossexamination of witnesses?” III. “Did the court err in imposing a separate sentence for illegal possession of ammunition?” We hold that the suppression court …

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