Commonwealth v. Carter

Opinion by

Peice, J.,

Appellant, David Carter, raises three assignments of error on this direct appeal. He contends that (1) his waiver of a jury trial was improperly accepted, (2) reversible error was committed in that the trial judge knew of appellant’s prior criminal record, and (3) he was deprived of effective assistance of counsel. As we agree with him that his waiver of a jury trial was not properly accepted, we will reverse the judgment of sentence and remand for a new trial on that basis. We need not consider appellant’s additional allegations.

Appellant was tried by a judge without a…