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FRANKLIN v. STATE

No. 1181, September Term, 1975.

33 Md. App. 690 (1976)

366 A.2d 111

STEPHEN FRANKLIN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided December 1, 1976.

Attorney(s) appearing for the Case

Robert B. Levin, Assigned Public Defender, with whom were Frank, Bernstein, Conaway & Goldman on the brief, for appellant.

Deborah K. Handel, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, William A. Swisher, State's Attorney for Baltimore City, and Dana Levitz, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before FREDERICK J. SINGLEY, JR., Associate Judge of the Court of Appeals, JAMES F. COUCH, JR., Associate Judge of the Seventh Judicial Circuit, and ROBERT F. SWEENEY, Chief Judge of the District Court of Maryland, all especially assigned.

SWEENEY, J., delivered the opinion of the Court.

On September 8, 1975, Stephen Franklin was convicted of attempted robbery with a dangerous and deadly weapon by the Honorable Paul A. Dorf, sitting without a jury in the Criminal Court of Baltimore. He was sentenced to 20 years incarceration.

Franklin now attacks his conviction, asserting that his constitutional rights were infringed because the trial court failed to make a preliminary or subsequent determination...

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