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SMITH v. STATE

No. 64, Sept. Term, 2007.

944 A.2d 505 (2008)

403 Md. 659

Desmond Jerrod SMITH v. STATE of Maryland.

Court of Appeals of Maryland.

March 14, 2008.

Attorney(s) appearing for the Case

Brian M. Saccenti, Asst. Public Defender (Nancy S. Forster, Public Defender, Baltimore), on brief, for petitioner.

Robert Taylor, Jr., Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, Baltimore), on brief, for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ALAN M. WILNER (retired, specially assigned) and DALE R. CATHELL (retired, specially assigned), JJ.

CATHELL, J., Retired, Specially Assigned.

Desmond Jerrod Smith ("petitioner") was charged by the State of Maryland ("respondent") with murder, first degree assault, use of a handgun in the commission of a crime of violence, and other firearm related offenses. He prayed a jury trial, and it was held in August 2005 in the Circuit Court for Wicomico County, with the Honorable W. Newton Jackson, III, presiding. The jury acquitted Smith of first degree murder and found...

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