Wright v. State
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The Court of Appeals affirmed the judgment of the court of special appeals affirming Defendant's conviction of attempted first-degree murder and related charges, holding that the trial court did not abuse its discretion in giving the criminal pattern jury instruction on flight.
Defendant was prosecuted for shooting Eric Tate, III and immediately fleeing the scene. At trial, Defendant disputed both that he was the shooter and that he was the person who fled the scene. The trial judge provided the jury with the pattern instruction on flight, and the jury convicted Defendant. The court of appeals affirmed, holding that the trial court did not err in giving the flight instruction. The Court of Appeals affirmed, holding (1) a trial judge generally should not give a flight instruction where the sole contested issue at trial is the defendant's identity as the fleeing offender; and (2) because the evidence adduced at trial generated the flight instruction and because Defendant did not make the necessary unequivocal statement to the court narrowing the case solely to his identity as the fleeing assailant, the trial court did not abuse its discretion in giving the flight instruction.
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