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COMMONWEALTH PENNSYLVANIA. v. STANLEY PHILLIPS (04/03/81)

SUPERIOR COURT OF PENNSYLVANIA


filed: April 3, 1981.

COMMONWEALTH OF PENNSYLVANIA.
v.
STANLEY PHILLIPS, APPELLANT

No. 338 April Term, 1979, Appeal from the Judgment of Sentence entered on March 16, 1979, in the Court of Common Pleas of Allegheny County, Pennsylvania, Criminal Division, at No. CC7701128A

COUNSEL

John H. Corbett, Jr., Pittsburgh, for appellant.

Robert L. Eberhardt, Deputy District Attorney, Pittsburgh, for Commonwealth, appellee.

Price, DiSalle and Montemuro, JJ.

Author: Per Curiam

[ 285 Pa. Super. Page 486]

This appeal is from a Judgment of Sentence following a non-jury trial. A review of the record indicates that the trial court, in its colloquy with appellant regarding his waiver of a jury trial, failed to inform him that before he could be convicted, the jury's verdict had to be unanimous. Failure of the trial court to so inform the defendant requires that a new trial be held. Commonwealth v. Greene, 483 Pa. 195, 394 A.2d 978 (1978).

Judgment of sentence reversed and a new trial ordered.*fn1


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