Shannon v. StateAnnotate this Case
The Court of Appeals affirmed Defendant's conviction for, among other charges, unlawful possession of a regulated firearm by a person who had previously been convicted of a predicate offense, holding the indictment provided Defendant with sufficient notice of the crime charged in that count and adequately described the specific conduct on which that charge was based.
While the relevant count of the indictment accurately stated information about a prior conviction that prohibited Defendant from possessing a firearm, it inaccurately referred to that conviction as a crime of violence. The error went unnoticed in the circuit court. On appeal, Defendant argued that the additional language in the firearms count meant that he was not charged with a crime and that the trial court lacked jurisdiction to adjudicate that count. The Court of Special Appeals affirmed. The Court of Appeals affirmed, holding (1) the firearm count charged a cognizable crime and showed the jurisdiction of the trial court; and (2) to the extent the drafting error in the indictment could be a basis for objection, Defendant waived any objection by failing to raise it below.