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STATE v. MANK

501 A.2d 809 (1985)

STATE of Maine v. Michael MANK.

Supreme Judicial Court of Maine.

Decided December 17, 1985.

Attorney(s) appearing for the Case

David M. Spencer (orally), Asst. Dist. Atty., Lincoln County Courthouse Wiscasset, for the State.

Dennis C. Hagemann (orally), Damariscotta, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN and SCOLNIK, JJ.

McKUSICK, Chief Justice.

On January 11, 1985, the Superior Court (Lincoln County) sitting without a jury convicted defendant Michael Mank of burglary, 17-A M.R.S.A. § 401 (Class B), and criminal threatening, 17-A M.R.S.A. § 209 (Class D). Defendant's principal argument on appeal arises from the fact that he did not sign a written waiver of his right to a jury trial, as is required by M.R.Crim.P. 23(a) for a nonjury trial of the Class B offense.

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