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VALITON v. STATE

No. 596, Sept. Term, 1997.

704 A.2d 478 (1998)

119 Md. App. 139

John William VALITON v. STATE of Maryland.

Court of Special Appeals of Maryland.

January 12, 1998.

Attorney(s) appearing for the Case

Gina M. Serra, Asst. Public Defender (Stephen E. Harris, Public Defender, on the brief), Baltimore, for Appellant.

Mark D. McCurdy, Asst. Atty. Gen, Annapolis (J. Joseph Curran, Jr., Atty. Gen., Baltimore, and Lawrence V. Kelley, State's Atty. for Allegany County, Cumberland, on the brief), for Appellee.

Submitted before HARRELL and HOLLANDER, JJ., and JAMES S. GETTY, Judge (retired), Specially Assigned.

HOLLANDER, Judge.

Appellant, John William Valiton, was convicted by the Circuit Court for Allegany County, sitting without a jury, of escape. He was sentenced to two years incarceration. Appellant has noted a timely appeal1 and presents a single question for our review, which we have rephrased slightly:

Did the jury trial waiver, which was conducted after the close of the State's case, comply with the requirements of Maryland Rule...

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