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GARRETT v. STATE

No. 9, September Term, 2005.

905 A.2d 334 (2006)

394 Md. 217

Samuel GARRETT v. STATE of Maryland.

Court of Appeals of Maryland.

August 4, 2006.

Attorney(s) appearing for the Case

Julia Doyle Bernhardt, Asst. Public Defender (Nancy S. Forster, Public Defender, on brief), for petitioner.

Devy Patterson Russell, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), for respondent.

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

BATTAGLIA, J.

Petitioner, Samuel Garrett, seeks review of a Court of Special Appeals's judgment affirming two convictions for attempted first-degree murder after the jury considering the charges had been instructed, without objection, on the theory of transferred intent. Garrett presented two questions to this Court for which we granted certiorari:

1. Is it inappropriate and an abuse of discretion for the intermediate appellate court to refuse to exercise...

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