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State v. Griffin6/21/2005
gnment of error challenges the trial court's failure to specifically instruct the jury that defendant denied fleeing from the police. Defendant argues that the trial court's omission of the language "and the defendant denies" from the instruction on flight "permitted the jury to believe that [defendant] admitted he fled from police."
While it is questionable whether this issue was properly preserved for review since counsel for defendant advised the trial court "I don't have a serious contention and will not argue in the closing that he did not run," defendant has failed to establish areasonable possibility that the jury would have reached a different result had the trial court specifically instructed the jury that defendant denied fleeing. The evidence, as defense counsel acknowledged, was overwhelming that defendant fled the scene, first in the taxi and then on foot.
No error.
Judges CALABRIA and STEELMAN concur.
Report per Rule 30(e).
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