Commonwealth v. Santos

The defendant, Antonio A. Santos, Jr., appeals from his convictions of carrying a firearm without a license, G. L. c. 269, § 10(a), and possession of a firearm without a firearm identification card, G. L. c. 269, § 10(h). He argues that his waiver of a jury trial was ineffective and that his motion to suppress the firearm, a handgun seized from the vehicle he was driving, was improperly denied. We accept the Commonwealth’s concession that a new trial is required, as the defendant neither executed nor filed a written waiver, and the motion judge failed to conduct a waiver colloquy. The only…