1505, Sept. Term, 2014. Appeal from the Circuit Court for
Prince George's County. Toni E. Clarke, Judge.
by: Gregory W. Gardner (Law Office of Gregory W. Gardner,
PLLC on the brief) all of Washington, D.C. for Appellant.
by: Ryan Dietrich (Brian E. Frosh, Attorney General on the
brief) all of Baltimore, MD for Appellee.
Krauser, C.J., Nazarian, Thieme, Raymond G., Jr. (Retired,
Specially Assigned), JJ.
Md.App. 66] Thieme, J.
in the Circuit Court for Prince George's County found
appellant, Oscar Cruz-Quintanilla, guilty of reckless
endangerment, wearing and carrying a handgun, and conspiracy
to commit robbery with a dangerous weapon. The court
sentenced appellant to concurrent three year prison terms for
the reckless endangerment and the handgun counts. As to the
robbery count, he was sentenced to 20 years with all but nine
years suspended, to run consecutive to the reckless
endangerment and handgun sentences. Upon release, appellant
must serve five years of supervised probation, with a
condition that he not be involved in any gang activity or be
a member of any gang.
presents the following issue on appeal, which we have
[228 Md.App. 67] Whether the circuit court erred during
sentencing in permitting expert testimony
regarding appellant's gang membership.
no error, we affirm.
contends that the evidence at sentencing regarding his gang
membership was improper since his convictions were completely
unrelated to that membership and his convictions were not
linked to any bad acts on behalf of the gang. The State
responds that the evidence of appellant's gang membership
was a proper consideration in the formulation of his sentence
as the ...