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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 940 September Term, 2009

HERBERT COPELAND

v.

STATE OF MARYLAND

Eyler, James R., Zarnoch, Alpert, Paul E. (Retired, specially assigned), JJ. Opinion by Eyler, James R., J.

Filed: December 2, 2010

Herbert Copeland, appellant, was charged in the Circuit Court for Prince George's County with kidnapping, second degree assault, false imprisonment, and carrying a dangerous weapon. After a jury trial, appellant was convicted of second degree assault and acquitted of all other charges. The court sentenced appellant to a ten-year prison term with all but three years suspended, and an additional five years supervised probation to commence upon his release. On appeal, appellant contends that the trial court erred in allowing the State to present evidence of threats made by the appellant against the victim and her family to deter the victim from testifying on behalf of the State. Finding no reversible error, we shall affirm. Facts and Proceedings On September 13, 2008, Ms. Nesmith was driving her boyfriend, appellant, to her friend's house. According to Ms. Nesmith, appellant had forced her to drive him there because he suspected her of having a relationship with this friend. When Ms. Nesmith expressed that she did not want to go, appellant pulled a steak knife out of the glove compartment and told her "you better take me over there, because you [know] what I'll do." Ms. Nesmith drove erratically, and nearly struck an oncoming vehicle. The driver of the oncoming vehicle, Robert Conley, noticed that Ms. Nesmith was yelling for help as she drove. Mr. Conley observed Ms. Nesmith's vehicle stop in the middle of the road, and saw the couple tussling in it. According to Mr. Conley, Ms. Nesmith fell out of the -1-

vehicle, and appellant grabbed her and forced her back in. Appellant then drove, and Ms. Nesmith moved to the passenger side. According to Ms. Nesmith, appellant kept her in a choke hold as he drove, and said "you know what I'm going to do to you now." Mr. Conley called 911. Officer Christopher Browning, who had received an alert for the vehicle, recognized and followed the vehicle as appellant drove. Officer Browning noticed that appellant had his arm around Ms. Nesmith's neck and was pulling her towards him. When the vehicle stopped at an intersection, Officer Browning arrested appellant. The case was tried on April 1 and 2, 2009. At trial, the State asked Ms. Nesmith whether appellant had confronted her about testifying. In pertinent part, Ms. Nesmith testified: [Prosecutor] Let me repeat that. Specifically, on February 3rd of [2009], did something happen in that regard? Did you have a conversation with [appellant] about your participation in his prosecution today? [Witness] Yes. [Prosecutor] Tell me about that. [Witness] He had came to my house and h

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