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Johnson v. State

COURT OF SPECIAL APPEALS OF MARYLAND
Nov 21, 2018
No. 2509 (Md. Ct. Spec. App. Nov. 21, 2018)

Opinion

No. 2509

11-21-2018

NICOLE LANAE JOHNSON v. STATE OF MARYLAND


Circuit Court for Howard County
Case No. 13-K-17-058016

UNREPORTED

Woodward, C.J., Graeff, Moylan, Charles E., Jr. (Senior Judge, Specially Assigned), JJ. PER CURIAM *This is an unreported opinion, and it may not be cited in any paper, brief, motion, or other document filed in this Court or any other Maryland Court as either precedent within the rule of stare decisis or as persuasive authority. Md. Rule 1-104.

Following a jury trial in the Circuit Court for Howard County, Nichole Lanae Johnson, appellant, was convicted of second-degree assault and theft on property valued less than $1,000. Her sole contention on appeal is that there was insufficient evidence to support her convictions. However, when making her motion for judgment of acquittal in the trial court, defense counsel submitted on the evidence and did not raise any of the claims that Johnson now raises on appeal. Consequently, the issue is not preserved for appellate review. See Peters v. State, 224 Md. App. 306, 354 (2015) ("[R]eview of a claim of insufficiency is available only for the reasons given by [the defendant] in his motion for judgment of acquittal." (citation omitted)).

Although Johnson does not specifically ask us to do so, we decline to exercise our discretion to engage in "plain error" review of this claim pursuant to Maryland Rule 8-131(a). --------

JUDGMENTS OF THE CIRCUIT COURT FOR HOWARD COUNTY AFFIRMED. COSTS TO BE PAID BY APPELLANT.


Summaries of

Johnson v. State

COURT OF SPECIAL APPEALS OF MARYLAND
Nov 21, 2018
No. 2509 (Md. Ct. Spec. App. Nov. 21, 2018)
Case details for

Johnson v. State

Case Details

Full title:NICOLE LANAE JOHNSON v. STATE OF MARYLAND

Court:COURT OF SPECIAL APPEALS OF MARYLAND

Date published: Nov 21, 2018

Citations

No. 2509 (Md. Ct. Spec. App. Nov. 21, 2018)