Commonwealth v. Thetonia

The Commonwealth concedes that the finding of guilty by a judge must be set aside because the record does not reflect any colloquy between the judge and the defendant regarding her waiver of a jury trial. The concession is well taken. See Commonwealth v. Smith, 403 Mass. 489, 493 (1988).

The defendant was convicted under G. L. c. 272, § 7, as appearing in St. 1980, c. 409, of “deriv[ing] support or maintenance . . . from the earnings or proceeds of [a person’s] prostitution,” knowing the person to be a prostitute. She claims that as the statute is directed against pimping, her conduct did not…