Mercer v. State, 030719 MDSCA, 604-2018

Docket Nº:604-2018
Opinion Judge:PER CURIAM.
Party Name:MAURICE MERCER v. STATE OF MARYLAND
Judge Panel:Graeff, Arthur, Moylan, Charles E., Jr. (Senior Judge, Specially Assigned), JJ.
Case Date:March 07, 2019
Court:Court of Special Appeals of Maryland
 
FREE EXCERPT

MAURICE MERCER

v.

STATE OF MARYLAND

No. 604-2018

Court of Special Appeals of Maryland

March 7, 2019

Circuit Court for Prince George's County Case No. CT170940X

Graeff, Arthur, Moylan, Charles E., Jr. (Senior Judge, Specially Assigned), JJ.

OPINION [*]

PER CURIAM.

A jury in the Circuit Court for Prince George's County convicted Maurice Mercer, appellant, of second-degree assault, use of a firearm in the commission of a felony or crime of violence, and related weapons offenses. On appeal, Mr. Mercer presents two questions for our review: 1. Did the court commit reversible error in overruling defense counsel's objection to the victim's testimony that she gave the 911 operator a false name "because I know the things that Mr. Mercer is capable of"?

2. Did the court commit plain error in accepting inconsistent verdicts? For the following reasons, we affirm the judgments of the circuit court.

On December 16, 2017, Tyesha Manley confronted Mr. Mercer, who was seated in the front passenger seat of a vehicle, and asked him why he had attacked her brother. Mr. Mercer told her she "better get away from the car and get out of his face." When Ms. Manley did not move, Mr. Mercer pointed a gun at her through the open car window and said: "You better not call the police. I know you're going to snitch."

Ms. Manley walked away and called 911, using a false name. Her unsolicited explanation for doing so elicited a general objection from defense counsel, which the court overruled: [PROSECUTOR]: Now when you talked to the 9-1-1 people, did you identify yourself?

[Ms. Manley]: Yes.

[PROSECUTOR]: How did you identify yourself?

[MS. MANLEY]: I told them that my name was Kim, because I was afraid to give out my real name.

[PROSECUTOR]: Did there come - -

[MS. MANLEY]: Because . . .

[PROSECUTOR]: I'm sorry.

[MS. MANLEY]: I was afraid to give out my real name because I know the things that Mr. Mercer is capable of.

[DEFENSE COUNSEL]: Objection, Your Honor.

[THE COURT]: Overruled.

Mr. Mercer contends that Ms. Manley's testimony that she knew...

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