Appellant Anthony Washington was charged with robbery, robbery with a deadly weapon, conspiracy to commit robbery with a deadly weapon, first- and second-degree assault, theft of over $1,000, malicious destruction of property, and third- and fourth-degree sex offenses. Following a jury trial in the Circuit Court for Prince George’s County, on September 18 and 19, 2012, Washington was convicted of all charges, except robbery with a deadly weapon, conspiracy to commit robbery with a deadly weapon, and the third-degree sex offense. The trial court imposed a 44-year sentence, with all but 20 years of that sentence suspended. Washington took a timely appeal.
Washington presents the following five questions for our review, which we have revised slightly and restated as follows:
I. Did the court err in failing to determine, on evidence presented on the record, whether Washington was competent to stand trial?
II. Did the court err by failing to grant Washington’s motion for mistrial after a witness referred to other crimes?
III. Did the court err in admitting medical records because the certifying custodian had failed to certify them upon penalty of perjury?
IV. Did the court err in failing to take curative action in response to statements in closing argument in which the prosecution referred to facts that were not in evidence and compared Washington and his wife to Bonnie and Clyde?
V. Did the court err in failing to merge first-degree assault into robbery?