COMMONWEALTH v. PAYSON


723 A.2d 695 (1999)

COMMONWEALTH of Pennsylvania, Appellee, v. Albert Sylvester PAYSON, Appellant.

Superior Court of Pennsylvania.

Filed January 8, 1999.


Attorney(s) appearing for the Case

Joseph P. Burt, Public Defender, Erie, for appellant.

Lisa M. Schlosser, Asst. Dist. Atty., Erie, for Commonwealth, appellee.

Before KELLY and EAKIN, JJ., and CIRILLO, President Judge Emeritus.


CIRILLO, President Judge Emeritus:

¶ 1 Albert Sylvester Payson appeals from the judgment of sentence entered following his pro se, non-negotiated guilty plea to burglary.1 We are bound to agree with Payson that his waiver of counsel was constitutionally inadequate. We therefore vacate his judgment of sentence and remand for a new trial.

¶ 2 In April of 1997, Payson was observed breaking into a house on Peach Street...

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