Cole v. State

The sole question presented in this appeal is: Did the trial judge abuse his discretion in denying appellant’s request to withdraw his waiver of a jury trial? We hold the discretion was abused.

After a bench trial, appellant, Carl Maurice Cole, was convicted of armed robbery by the Circuit Court for Anne Arundel County and sentenced to a term of fifteen years. Immediately prior to the trial and after some dis cussion of the rules hereinafter set forth the following colloquy occurred:

“COURT: Well, that would be he would have to show good cause.

“MR. NADITCH: Yes, sir.

“COURT: He was in here…