Commonwealth v. Payson

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 in Erie by a resident of that neighborhood. This neighbor called the police, who found Payson hiding in the house, in possession of coins and a gold watch later identified by the…