# State v. Smith

> Court of Appeals of Maryland · May 9, 2003 · 374 Md. 527

URL: https://www.frixlaw.com/law-library/cases/9764892

## Case

- **Full name:** STATE of Maryland v. Deshawn Lamont SMITH
- **Court:** Court of Appeals of Maryland
- **Decided:** May 9, 2003
- **Citations:** 374 Md. 527; 823 A.2d 664; 2003 Md. LEXIS 251
- **Precedential status:** Published
- **Opinion:** Dissent by Bell
- **Judges:** Bell, Cathell, Harrell, Raker
- **Cited by:** 128 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9764892

## How later opinions describe it (automated extraction)

- observing that, in reviewing the sufficiency of the evidence, the issue is "not whether the [fact finder] could have made other inferences from the evidence or even refused to draw any inference, but whether the inference [it] did make was supported by the evidence"
- holding the evidence was sufficient to support a finding that the lessee driver of a vehicle had knowingly transported a handgun recovered from the trunk of the vehicle in question
- noting a factfinder’s “ability to choose among differing inferences that might possibly be made from a factual situation” and that deference is owed “to the inferences a fact-finder may draw[]” (citing Jackson, 443 U.S. at 319 )
- observing that presence of others in car can affect strength of inference that a defendant had knowledge of presence of handgun in a car, but does not make the inference unreasonable to begin with

## Opinion text

Dissenting Opinion by
BELL, C.J.
For the reasons so eloquently and cogently stated by Judge Kenney, concurring in Smith v. State, 145 Md.App. 400, 427-84 , 805 A.2d 1108, 1124-1128 (2002), I dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9764892. Public record. Not legal advice.