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Meredith v. State

Court of Special Appeals of Maryland

June 26, 2014

DUSTIN MEREDITH
v.
STATE OF MARYLAND

Appeal from the Circuit Court for Caroline County, Karen A. Murphy Jensen, Judge.

Submitted by: Wyatt Feeler (Paul B. DeWolfe, Public Defender on the brief) all of Baltimore, MD. for Appellant.

Submitted by: Gary E. O'Connor (Douglas F. Gansler, Attorney General on the brief) all of Baltimore, MD. for Appellee.

Panel: Krauser, C.J., Zarnoch, Raker, Irma S. (Retired, Specially Assigned), JJ.

OPINION

Page 276

[217 Md.App. 670] Raker, J.

Dustin Meredith, appellant, was convicted in the Circuit Court for Caroline County of theft scheme between $1,000 and $10,000 and six counts of theft. Before this Court, he presents one issue for our review: whether the trial court erred by failing to make a finding on the record that appellant voluntarily waived his right to a jury trial as required by Rule 4-246(b).

[217 Md.App. 671] We shall hold that the issue has not been preserved for our review and shall affirm.

I.

Appellant was charged by criminal information in the Circuit Court for Caroline County with the offenses of first degree burglary, third degree burglary, fourth degree burglary, theft scheme between $1,000 and $10,000 and eleven counts of theft. He proceeded to trial before the Circuit Court for Caroline County, after purportedly waiving a jury trial. Pursuant to Maryland Code (2002, Repl. Vol. 2012) § 7-104 of the Criminal Law Article, the court convicted appellant of theft scheme and six counts of theft. The court acquitted appellant of all the other charges. The court sentenced appellant to a term of incarceration of ten years for theft scheme with all but seven years suspended and five years probation.[1]

Inasmuch as the sole issue on appeal relates to whether the trial judge complied with Rule 4-246 and the adequacy of a waiver of the right to a jury trial, we will dispense with the underlying facts of the crimes and consider only the facts related to the jury trial waiver. Appellant's purported waiver of his right to a jury trial occurred on July 23, 2013, as follows:

" THE COURT: All right. [Appellant], um, [Defense Counsel] just told me that you wish to waive your right to a jury trial. What's your date of birth?
[APPELLANT]: 6/29/89
THE COURT: How old are ...

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