Commonwealth v. Patterson

DEL SOLE, Judge:

Appellant complains that the trial court improperly denied his request for a waiver of a jury trial and erred in not conducting a colloquy of his request, thereby violating Pa.R.Crim.P. 1101. We agree.

Appellant was charged with rape, robbery, burglary and aggravated assault. On October 25, 1982, Appellant requested to waive his right to a trial by jury. The Commonwealth, according to 42 Pa.C.S.A. 5104(c)1, demanded a jury trial. Appellant’s request was denied without a colloquy.

The Pennsylvania Supreme Court, in Commonwealth v. Sorrell, 500 Pa. 355, 456 A.2d 1326 (1983),…