Garner v. State

*391Dissenting Opinion by BELL, C.J., which HARRELL J. joins as to Part I.

This case presents two issues. First, whether the statement, “Can I get a 40?,” made by an unknown declarant in a call to the petitioner’s cell phone and intercepted by a police officer, is admissible as non-hearsay, to show that the petitioner was distributing cocaine. As to this issue, the majority holds that this statement is a verbal act, and, therefore, is not hearsay and is admissible. Garner v. State, 414 Md. 372, 388, 995 A.2d. 694, 703-04, 2010 WL 1957227 (2010). The second issue is whether, in compliance with…