State v. Mank

McKUSICK, Chief Justice.

On January 11, 1985, the Superior Court (Lincoln County) sitting without a jury convicted defendant Michael Mank of burglary, 17-A M.R.S.A. § 401 (Class B), and criminal threatening, 17-A M.R.S.A. § 209 (Class D). Defendant’s principal argument on appeal arises from the fact that he did not sign a written waiver of his right to a jury trial, as is required by M.R.Crim.P. 23(a) for a nonjury trial of the Class B offense.1 According to a supplemental record prepared pursuant to M.R.Crim.P. 39(h) while this appeal was pending, defendant’s trial counsel did state to the…