Commonwealth v. Johnson

The defendant appeals from the denial of his revised motion for a new trial.1 At trial, and for a sixteen-month *506period before trial, the defendant represented himself. On appeal, the defendant argues that he was deprived of his constitutional2 right to the assistance of counsel during the pretrial proceedings because no waiver of counsel colloquy was conducted until the second day of trial, some sixteen months after his motion to dismiss counsel was allowed. See G. L. c. 211D, § 5; S.J.C. Rule 3:10(3), as amended, 416 Mass. 1309 (1993). See also Commonwealth v. Mullen, 72 Mass. App. Ct. 136,…