Opinion
607-2020
10-05-2021
KEONN MATTHEWS v. STATE OF MARYLAND
Circuit Court for Baltimore City Case No. 115264027
Kehoe, Arthur, Moylan, Charles E., Jr. (Senior Judge, Specially Assigned), JJ.
OPINION [*]
PER CURIAM
Following a jury trial in the Circuit Court for Baltimore City, Keonn Matthews, appellant, was convicted of conspiracy to commit robbery, theft of property valued at less than $1,000, and possession of a gas or air pellet gun. His sole contention on appeal is that there was insufficient evidence to sustain his convictions. Although appellant made a motion for judgment of acquittal at the close of the State's evidence, he then presented evidence and failed to renew his motion for judgment of acquittal at the close of all the evidence. Consequently, his sufficiency claims are not preserved for appellate review and we shall affirm the judgments of the circuit court. See Hobby v. State, 436 Md. 526, 540(2014) ("[A] defendant is required to renew a motion for judgment of acquittal at the close of all the evidence or to argue anew why the evidence is insufficient to support a particular conviction."); Haile v. State, 431 Md. 448, 464 (2013) (noting that a motion for judgment of acquittal at the end of the State's case "has no viability unless it is renewed, if counsel moves, again, for judgment of acquittal after the close of all evidence").
Although appellant 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 BALTIMORE CITY AFFIRMED. COSTS TO BE PAID BY APPELLANT.
[*]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.