Szwed v. State
Annotate this CaseAfter a bench trial, Defendant was convicted of first, third, and fourth degree burglary, theft under $1000, and malicious destruction of property having a value of less than $500. Defendant appealed, challenging the trial judge’s acceptance of his jury trial waiver. The court of special appeals affirmed, concluding that the trial judge sufficiently satisfied the announcement requirement under Md. Rule 4-246(b). The Court of Appeals reversed, holding (1) because the trial judge’s announcement did not state that Defendant’s jury trial waiver was both knowing and voluntary, the judge did not comply with Rule 4-246(b); and (2) the appropriate sanction for the judge’s noncompliance with Rule 4-246 was reversal.
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