Commonwealth v. Duncan

HOFFMAN, Judge:

During jury selection at his trial on kidnapping, rape and conspiracy charges, appellant indicated a desire to waive a jury trial. The request was granted, but appellant was never informed of his right to a unanimous jury verdict. After he was found guilty, appellant filed a post-verdict motion for a new trial because of this deficiency in the waiver colloquy. The court ordered an evidentiary hearing to determine whether appellant’s waiver of his right to a jury trial was knowing and intelligent, Pa.R.Crim.P. 1101. Appellant did not object to this procedure. After the hearing,…