COM. v. PATTERSON


342 Pa.Super. 411 (1985)

493 A.2d 88

COMMONWEALTH of Pennsylvania v. Barry PATTERSON, Appellant.

Supreme Court of Pennsylvania.

Filed March 29, 1985.

Reargument Denied June 6, 1985.


Attorney(s) appearing for the Case

Elaine DeMasse, Assistant Public Defender, Philadelphia, for appellant.

Jane C. Greenspan, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.

Before OLSZEWSKI, DEL SOLE and JOHNSON, JJ.


DEL SOLE, Judge:

Appellant complains that the trial court improperly denied his request for a waiver of a jury trial and erred in not conducting a colloquy of his request, thereby violating Pa.R.Crim.P. 1101. We agree.

Appellant was charged with rape, robbery, burglary and aggravated assault. On October 25, 1982, Appellant requested to waive his right to a trial by jury. The Commonwealth, according to 42 Pa.C.S.A. 5104(c)1, demanded...

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