Commonwealth v. Maxwell

CAVANAUGH, Judge:

This is an appeal from a judgment of sentence of the Court of Common Pleas of Philadelphia County. The relevant facts of the instant case are as follows: Maxwell was arrested and charged with two counts of robbery. 1 Prior to the trial, Maxwell filed a motion pursuant to Pennsylvania Rule of Criminal Procedure 1101 to waive a trial by jury. The request was opposed by the Commonwealth which asserted an absolute right to a jury trial pursuant to 42 Pa.C.S.A. § 5104(c). Maxwell’s motion was denied. He was subsequently convicted by a jury on both counts of robbery 2 and sentenced…