Fleming v. State

RAKER, Judge.

The question in this case is whether the trial court erred in refusing to instruct the jury on “mere presence” at the scene of a crime.

William Fleming, petitioner, was charged with possession with intent to distribute controlled dangerous substances, possession of controlled dangerous substances and felon in possession of a handgun. Following one mistrial, 1 a second jury in the Circuit Court for Baltimore City convicted Fleming of possession with intent to distribute cocaine, Maryland Code (1957, 1996 Repl-Vol., 2000 Supp.) Article 27, § 286 (current version at Maryland Code…