Commonwealth v. Montanez

In the Chelsea Division of the District Court Department the defendant was charged with breaking and entering a building in the nighttime with intent to commit larceny, larceny of property valued at more than $100 and wanton destruction of personal property valued at less than $100. The defendant filed a written waiver of his right to an immediate jury trial which is required before a defendant may be tried by the court without a jury (bench trial). G. L. c. 218, § 26A.

After a bench trial, he was found guilty of all offenses and was sentenced. He-appealed to the jury of six session of the…