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COMMONWEALTH PENNSYLVANIA v. KEVIN ALAN FRIEDMAN (07/27/79)

decided: July 27, 1979.

COMMONWEALTH OF PENNSYLVANIA
v.
KEVIN ALAN FRIEDMAN, APPELLANT



No. 2247 October Term, 1978, Appeal from the Order of the Court of Common Pleas of Montgomery County, No. 4240-77.

COUNSEL

Gary Kleitman, Norristown, for appellant.

Terri Marinari, Assistant District Attorney, submitted a brief on behalf of Commonwealth, appellee.

Cercone, President Judge, and Watkins and Hoffman, JJ.

Author: Hoffman

[ 268 Pa. Super. Page 279]

Appellant contends, inter alia,*fn1 that he should have a new trial because he was not informed during a waiver colloquy that he had a right to a trial by a jury chosen from members of his community. We agree and, accordingly, remand for a new trial.

[ 268 Pa. Super. Page 280]

On October 27, 1977, Cheltenham Township police arrested appellant and charged him with violating various provisions of the Pennsylvania Motor Vehicle Code.*fn2 The charges stemmed from a hit-and-run automobile accident in which a pedestrian was injured. On March 8, 1978, the following colloquy occurred:

"BY MR. McBRIEN [Defense Counsel]:

"Q. Kevin, you are still under oath from yesterday. Do you understand that you have the right to have a panel of jurors brought into this room to participate with me in the selection of the 12 jurors that would sit in deliberation of this case? Do you understand you have that right?

"A. Yes.

"Q. Do you understand that by electing to be tried by Judge Vogel sitting without a jury that ...


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