Tucker v. State

*370BATTAGLIA, Judge.

Petitioner, Dion G. Tucker, invites us to explore the application of our decision in Smith v. State, 388 Md. 468, 880 A.2d 288 (2005), to a sentence included in a cross-racial identification jury instruction. In doing so, we do not address whether such an instruction was appropriate in the case at bar, but whether, once given, the instruction was a correct statement of the law. We granted certiorari, Tucker v. State, 405 Md. 290, 950 A.2d 828 (2008), with respect to the following question:

Did the trial court err in granting the State’s jury instruction regarding cross-racial…