and undoubtedly played a major role in obtaining acquittal on two of the indictments.
Robinson's assertion that Segal waived jury trial without his acquiescence is simply incredible. It was Robinson's decision to waive a jury trial on Nos. 705-707 and this decision was communicated to the Defender's office as early as April 2, 1962. Segal testified that he undoubtedly confirmed this decision by consulting with Robinson before announcing it to the court, and I accept his testimony as credible. Robinson did sign the form for waiver of jury trial on May 24, 1962 and I am satisfied that he wouldn't have signed the form if he had not been consulted. I conclude that Robinson knowingly and voluntarily waived his constitutional right to trial by jury, and Segal merely communicated his client's decision to the court upon Robinson's instructions.
The final argument posited by Robinson concerning the alleged ineffectiveness of counsel is that he was severely prejudiced by going to trial before Judge Lefever immediately after pleading guilty to another crime, and that Segal was incompetent because he did not seek a severance. The argument is virtually answered by the result. There was an acquittal on two of the three charges. Robinson was at least partially successful in obtaining the tactical advantage he admittedly sought by pleading guilty to No. 778.
I am satisfied that Segal's representation of relator at trial was competent and was commensurate with the customary skill and knowledge of the legal profession in Philadelphia. See United States ex rel. Kidd v. Commonwealth of Pennsylvania, supra ; United States ex rel. Adams v. Rundle, 294 F. Supp. 194 (E.D. Pa. 1968).
(3) Representation by Counsel at Sentencing.
Robinson charges that Segal was not physically present in the courtroom at the time Judge Lefever imposed sentence and that his constitutional right to be represented by counsel at every stage was thereby violated.
After Robinson was found guilty on the charges in No. 705, Judge Lefever heard arguments from the assistant district attorney (Casey) and from Segal as to the sentences to be imposed on that bill and on No. 778, to which Robinson had earlier pled guilty. The trial judge reserved decision, announcing that he would impose sentence following another trial he was about to commence. The transcript next reports the proceeding as follows:
"The Court: The District Attorney wanted a very much longer sentence. I am going to leave it eventually up to the Parole Board as to how long you serve. The sentence is one to five years on each bill to run consecutively. Do I need to state where that is?