HEADNOTE: Mario Rodriguez Gutierrez v. State of Maryland, No. 98 ...

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defendant was the person who committed the particular crime charged. Yet, we view this as harmless error rather than grounds for reversal of Gutierrez’s convictions. A defendant in a criminal case is entitled to a fair trial, but not necessarily a perfect one. Cf. Hook v. State, 315 Md. 25, 36, 553 A.2d 233, 239 (1989)(“The right of an accused to a fair trial, although not a perfect trial, is paramount.”). We are mindful of the rule that: when an appellant, in a criminal case, establishes error, unless a reviewing court, upon its own independent review of the record, is able to declare a belief, beyond a reasonable doubt, that the error in no way influenced the verdict, such error cannot be deemed “harmless” and a reversal is mandated. Such reviewing court must thus be satisfied that there is no reasonable possibility that the evidence complained of – whether erroneously admitted or excluded – may have contributed to the rendition of the guilty verdict. Dorsey v. State, 276 Md. 638, 659, 350 A.2d 665, 678 (1976) (footnote omitted). Looking to the other evidence on the record, we are confident that the statement would not have persuaded the jury to render a guilty verdict when it would not have otherwise done so. Other properly admissible evidence established that Gutierrez was affiliated with MS-13 and had traveled into rival gang territory looking for someone to kill as part of his initiation. Upon spotting a crowd, he shouted “Mara Salvatrucha,” was insulted, and then opened fire on the group. Three different eye witnesses named him as the shooter, one of whom viewed approximately 400 photos over two separate days before positively and immediately identifying the defendant when she was shown an array with his picture. Moreover, the statement that MS-13 had displayed the most violence over recent years is not so shocking 22
in light of the mountain of other testimony detailing the violent practices of the gang. Had this been the only comment regarding violence, it could not so easily “blend in,” and we might reach a different result. As it stands in this case, however, the statement constituted harmless error. CONCLUSION In sum, the Circuit Court did not abuse its discretion in permitting Norris to testify because ample fact evidence established a connection between Quintanilla’s shooting death and the gang MS-13. Although the unfair prejudice of one of Norris’s statements outweighed its probative value, the error was harmless. Accordingly, we affirm the judgment of the trial court. JUDGMENT OF THE CIRCUIT COURT FOR PRINCE GEORGE’S COUNTY AFFIRMED. COSTS TO BE PAID BY APPELLANT. 23
Page 1 and 2: HEADNOTE: Mario Rodriguez Gutierrez
Page 3 and 4: In this case we must determine whet
Page 5 and 6: Gutierrez told Alvarado-Pineda to s
Page 7 and 8: Norris was admitted as an expert, w
Page 9 and 10: (3) When a non-gang member uses han
Page 11 and 12: objection to the admission of evide
Page 13 and 14: Lords because the average juror is
Page 15 and 16: was a member of that gang, opened t
Page 17 and 18: State’s theory of the case was th
Page 19 and 20: 18th Street [G]ang.” Id. at 664,
Page 21 and 22: Q. What about [one of the other pas
Page 23: MS-13 undercurrent heightened the p
Page 27 and 28: This case considers the propriety,
Page 29 and 30: ‘[v]iolence . . . [u]p to death.
Page 31 and 32: a half years in this region...,’
Page 33 and 34: may be admissible when it has ‘sp
Page 35 and 36: are consistent with, and indeed, fo
Page 37 and 38: which he did not dispute, the defen
Page 39 and 40: contrary evidence, that the defenda
Page 41 and 42: and the use of a handgun in the com
Page 43 and 44: material contested issue. Thus, thi
Page 45 and 46: the necessary elements of the crime
Page 47 and 48: magic passwords whose mere incantat
Page 49 and 50: that the appellant, because of this
Page 51 and 52: (2009). The majority only addresses
Page 53 and 54: IN THE COURT OF APPEALS OF MARYLAND

HEADNOTE: Mario Rodriguez Gutierrez v. State of Maryland, No. 98 ...

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