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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND

No. 2204 September Term, 2007

DONALD RAY GREGORY v. STATE OF MARYLAND

Hollander, Meredith, Kehoe

JJ.

Opinion by Hollander, J.

Filed: November 24, 2009

Donald Ray Gregory, appellant, was charged with attempted felony theft and attempted unlawful taking of a motor vehicle. At his jury trial in the Circuit Court for Wicomico County, he claimed that he did not intend to steal the vehicle, and took it because he mistakenly believed that he was God. The jury convicted appellant of both offenses.1 On appeal, Gregory presents the following questions for our review:

I.

Did the trial court err in failing to properly advise the appellant about his right not to testify? Did the trial court err in allowing appellant to be impeached with his prior convictions for robbery and theft when appellant was on trial for attempted theft? Did the trial court err in failing to give the jury instruction on mistake of fact? Was the evidence sufficient to sustain the convictions for attempted unlawful taking of a motor vehicle and attempted theft over $500?

II.

III.

IV.

Finding no error, we shall affirm the judgments of the circuit court.
FACTUAL SUMMARY The following evidence was adduced at the trial in November 2007. On May 17, 2007, Brenda Huffman lived on Laurel Road in Mardela Springs and

owned a 2004 Hummer H2 truck. She testified that, on that date, she went out with her
mother, and the two returned to her home at approximately 3:35 p.m. At that time, she saw

an unfamiliar truck in her front driveway, which was running. In her rear driveway, where

The court sentenced appellant to fifteen years' incarceration, with all but one year suspended, for felony theft. For sentencing purposes, the court merged the attempted unlawful taking conviction, pursuant to Md. Code (2002, 2005 Supp.),

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