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DAMERUM BURROUGHS v. STATE OF MARYLAND – ON REMAND

After waiving his right to a jury trial, Damerum Burroughs, appellant, was tried and convicted by a judge in the Circuit Court for Baltimore City of first and second-degree assault, robbery with a deadly weapon and robbery. Appellant’s convictions arise out of the stabbing and robbery, on June 2, 2012, of Christine Walker, who identified appellant as her assailant.

Prior to trial, appellant endeavored to waive his right to a jury trial. On appeal to this Court, appellant contended that the trial court failed to make a
finding on the record that his jury trial waiver was knowing and voluntary, as required by Maryland Rule 4-246(b).

Relying on the decision in Valonis, we held that the trial court failed to make the required finding on the record and, therefore, vacated Burroughs’ conviction and remanded his case for a new trial.

On July 21, 2014, the Court of Appeals issued a PER CURIAM ORDER in which it vacated the judgment of this Court as to Burroughs and remanded the case to this Court for further consideration in light of Nalls and Melvin v. State. For the reasons that follow, we shall hold that the issue has not
been preserved for our review and, accordingly, shall affirm.

Read the unreported opinion.