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FLEMING v. STATE

No. 45, Sept. Term, 2002.

818 A.2d 1117 (2003)

373 Md. 426

William FLEMING v. STATE of Maryland.

Court of Appeals of Maryland.

March 14, 2003.

Attorney(s) appearing for the Case

Geraldine K. Sweeney, Asst. Public Defender (Stephen E. Harris, Public Defender, and Nancy S. Forster, Deputy Public Defender, on brief), Baltimore, MD, for petitioner/cross-respondent.

Shannon E. Avery, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of Maryland, on brief), Baltimore, MD, for respondent/cross-petitioner.

Argued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.

RAKER, Judge.

The question in this case is whether the trial court erred in refusing to instruct the jury on "mere presence" at the scene of a crime.

William Fleming, petitioner, was charged with possession with intent to distribute controlled dangerous substances, possession of controlled dangerous substances and felon in possession of a handgun. Following one mistrial,1 a second jury...

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