Commonwealth v. Pamplona

A jury found the defendant guilty of assault and battery by means of a dangerous weapon (two counts) and assault and battery. The defendant, who served as his own counsel throughout most of the trial, contends that his convictions should be reversed because (1) he did not make a knowing, intelligent, *240and voluntary waiver of counsel; and (2) the judge erred in not giving an unrequested lesser included offense instruction. We affirm.

1. Waiver of counsel. The judge first learned of the defendant’s dissatisfaction with defense counsel after the jury had been selected and the Commonwealth had…