Fairbanks v. State

McAULIFFE, Judge.

This case involves sentencing under a recidivist statute, Article 27, § 643B(c), Maryland Code (1957, 1992 Repl. Vol.). The defendant, John Franklin Fairbanks, Jr., contends that his enhanced sentence was based on a predicate offense not shown by the State to have been free of constitutional infirmity. The defendant contends that the 1972 conviction relied on by the State is constitutionally infirm because there is no showing that he intelligently waived his right to trial by jury. The record discloses that the defendant was represented by counsel at the time of the previous…