Sutton v. State

RAYMOND G. THIEME, Jr., Judge, Retired, Specially Assigned.

Appellant Robert John Sutton, Jr. was convicted by a jury in the Circuit Court for Worcester County of felony-murder, first degree assault, robbery with a deadly weapon, and theft. Sutton appeals from his convictions and presents the following questions for our review:

1. Did the trial court err in failing to instruct the jury concerning voluntary intoxication?

2. Did the trial court err in permitting appellant to waive the right to counsel in mid-trial on the basis of reasoning and analysis which did not apply after the trial had…