Court of Appeals of Maryland March 14, 2003, 45, Sept. Term, 2002 (Fleming v. State)

RAKER, Judge.

The question in this case is whether the trial court erred in refusing to instruct the jury on “mere presence” at the scene of a crime.

William Fleming, petitioner, was charged with possession with intent to distribute controlled dangerous substances, possession of controlled dangerous substances and felon in possession of a handgun.