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COMMONWEALTH v. THETONIA

No. 88-P-1379.

27 Mass. App. Ct. 783 (1989)

543 N.E.2d 700

COMMONWEALTH vs. SHERRE B. THETONIA.

Appeals Court of Massachusetts, Plymouth.

September 19, 1989.

Attorney(s) appearing for the Case

Eric Brandt, Committee for Public Counsel Services, for the defendant.

Linda M. Fleming, Assistant District Attorney, for the Commonwealth.

Present: BROWN, KAPLAN, & DREBEN, JJ.

DREBEN, J.

The Commonwealth concedes that the finding of guilty by a judge must be set aside because the record does not reflect any colloquy between the judge and the defendant regarding her waiver of a jury trial. The concession is well taken. See Commonwealth v. Smith, 403 Mass. 489, 493 (1988).

The defendant was convicted under G.L.c. 272, § 7, as...

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