Commonwealth v. Castro

The defendant appeals from convictions in the Superior Court on two counts of trafficking in cocaine after a jury-waived trial in November, 2005. The defendant’s sole argument is that given the requirements of G. L. c. 263, § 6, especially as recently interpreted in Commonwealth v. Osborne, 445 Mass. 776, 781 (2006), the waiver was ineffective, and a new trial is required because the record does not reveal a written waiver of jury trial form with his signature. We agree and reverse the convictions.

The subject of the defendant’s willingness to waive his right to a jury trial first appears on…