State v. Blann

LISA, J.A.D. (retired and temporarily assigned on recall),

dissenting.

I agree with my colleagues that the trial record contained sufficient credible evidence to support the judge’s finding that defendant was guilty of first-degree robbery, and that the sentence constituted an appropriate exercise of discretion. I also agree that the judge’s handling of the jury waiver was inadequate. However, I do not agree that reversal is warranted on this record, where defendant, in open court on two separate occasions, with *236the advice of counsel, personally and affirmatively requested that his right to be…