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LEVAR D. PAYTON v. STATE OF MARYLAND

Criminal procedure — Waiver of right to testing — Knowing and voluntary

On September 6, 2016, appellant, Levar D. Payton, was convicted in the Circuit Court for Washington County of two counts of second degree assault of an employee of a State correctional facility. The court sentenced him to two and one-half years on each count, to be served consecutively to each other and to another existing sentence.

On appeal, appellant presents the following questions for our review: 1. Did the trial court err in failing to make a pretrial determination regarding appellant’s competency, and by failing to sua sponte conduct a competency hearing and/or order another competency evaluation during trial and sentencing? 2. Was appellant’s waiver of his right to testify knowing and voluntary? 3. Should the docket and commitment order be amended to reflect the sentence the court imposed?

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