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Criminal procedure — Jury instruction — Unanimous verdict

Darrell Leonard Mainor, the appellant, was arrested and indicted in the Circuit Court of Wicomico County for 12 criminal counts, accusing him of committing a home invasion, burglary, and theft at the home of Francis McCrorey, as well as assault on both Ms. McCrorey and Shirley Donohoe. At a trial presided over by the Honorable W. Newton Jackson III on July 16 and July 17, 2019, the jury convicted appellant of home invasion, first degree burglary, third degree burglary, fourth degree burglary, first degree assault on Ms. Donohoe, second degree assault on Ms. Donohoe, and reckless endangerment. I

Immediately after the verdict, despite defense counsel’s request for a delay of sentencing to conduct a Pre-sentencing Investigation, Judge Jackson sentenced appellant to 20 years for first degree burglary and 20 years for first degree assault, to run consecutive with the burglary sentence. The remaining counts were merged for sentencing purposes. This appeal timely followed.

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