Opinion
No. 2384
03-08-2021
EARL MICHAEL REID v. STATE OF MARYLAND
Circuit Court for Prince George's County
Case No. CT190193X
UNREPORTED
Friedman, Gould, Woodward, Patrick, L. (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 Prince George's County, Earl Michael Reid, appellant, was convicted of illegal possession of a regulated firearm. His sole contention on appeal is that there was insufficient evidence to sustain his conviction because the State failed to prove that he possessed the handgun found in his vehicle. However, defense counsel did not raise this argument when moving for a judgment of acquittal. Rather, the defense's sole contention was that the court lacked jurisdiction over the handgun count because the State had failed to prove that the offense occurred in Prince George's County. Consequently, this claim 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)).
Appellant was acquitted of two counts of first and second-degree assault and reckless endangerment and one count of use of a firearm in a crime of violence. --------
Moreover, even if preserved, we would find no error. At trial, the State presented evidence that Mr. Reid pulled out a handgun following an argument with his former girlfriend and then drove away in a Chevy Avalanche. His former girlfriend then provided the police with a description of the vehicle and its license plate number. The next day the police located the vehicle, executed a search warrant, and recovered a handgun under the driver's seat. They also found an insurance card, which indicated that the vehicle was registered to, and insured by, Mr. Reid. Based on this evidence, we are persuaded that the jury could reasonably find that Mr. Reid illegally possessed a firearm. Consequently, we shall affirm the judgment of the circuit court.
JUDGMENT OF THE CIRCUIT COURT FOR PRINCE GEORGE'S COUNTY AFFIRMED. COSTS TO BE PAID BY APPELLANT.