FIELDS V. COM.
CRIMINAL: Various claims of error rejected
PUBLISHED: AFFIRMING (SCOTT)
DATE RENDERED: 4/19/2007
SC affirmed Defendant’s convictions and 25 year sentence for complicity to commit assault in the second degree and complicity to commit robbery in the first degree. SC rejected a number of arguments by Defendant, including (1) alleged violation of double jeopardy because TC refused to merge the robbery and assault charges; (2) improper amendment to indictment to include complicity following the close of the evidence; (3) improper admission of the victim’s pretrial identification of Defendant; (4) improper denial of Defendant’s tendered intentional fourth degree assault misdemeanor instruction; (5) overruling his objection and mistrial motion concerning prosecutorial misconduct in closing arguments; and finally, (6) denying his motion for a new trial regarding juror dishonesty against his codefendant during voir dire.
Digested by Scott Byrd