I want you to listen to each question that asks you and answer him distinctly so the court reporter can hear your responses.
: The judge is going to ask you some questions about whether or not you want a jury trial. Costen, you sure you want a jury trial? Remember what I told you.
SAMPLE MOTION FOR RECONSIDERATION MARYLAND TRIAL
PROCEEDINGS IN THE CIRCUIT COURT On June 8, 2010, prior to the start of trial, the following exchange took place in open court regarding appellant s decision whether to proceed by way of a jury trial or bench trial: : How are we proceeding, with a jury trial this morning? : Yes. He was acquitted of the remaining charges. In addition to the convictions noted above, he was also convicted of fourth degree burglary, which, for sentencing purposes, merged into his conviction for third degree burglary. 1 Appellant was tried pursuant to an eight count indictment. Accordingly, because there is no merit to the challenge to the sufficiency of the evidence, we will vacate the judgments of conviction and remand for a new trial. Was the evidence adduced at trial insufficient to sustain appellant s convictions? Upon review of the first issue, we conclude that the trial court s determination and announcement of waiver of the appellant s right to a trial by jury did not satisfy the requirements of Rule 4-246(b), and reversal is required by the holding of the Court of Appeals in Valonis v. In concluding that appellant had waived his right to a trial by a jury, did the trial court err by failing to comply with the provision of Maryland Rule 4246(b) that requires the court to determine and announce on the record that the waiver is made knowingly and voluntarily ? 2. The court imposed consecutive sentences of ten years imprisonment for the conviction for third degree burglary, ten years imprisonment for the conviction for second degree assault, and one year of imprisonment for the fourth degree sex offense conviction.1 On appeal, appellant raised two questions for our review which we rephrase as: 1.
Filed: SeptemAt the conclusion of a bench trial in the Circuit Court for Worcester County, Robert Louis Costen III, appellant, was convicted of one count each of third degree burglary, second degree assault, and fourth degree sex offense. STATE OF MARYLAND Meredith, Watts, Davis, Arrie W. 1471 September Term, 2011 ROBERT LOUIS COSTEN, III v. REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND ON MOTION FOR RECONSIDERATION No.
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