NO. 948 PHILADELPHIA, 1980, Appeal from the judgment of sentence of the Court of Common Pleas of Philadelphia County, Criminal Division, at No. 329 August Term, 1979.
Elaine DeMasse, Assistant Public Defender, Philadelphia, for appellant.
Gaele McLaughlin Barthold, Assistant District Attorney, Philadelphia, for Commonwealth, appellee.
Hester, Cavanaugh and Beck, JJ.
[ 318 Pa. Super. Page 441]
Appellant, James Sherman, was found guilty by a jury of burglary, theft and receiving stolen property. Post-verdict motions were argued and denied, and appellant was sentenced from ten to twenty years incarceration on the burglary conviction; the other crimes merged for sentencing purposes.
[ 318 Pa. Super. Page 442]
Prior to trial, appellant sought to forego his right to a jury trial in favor of a bench trial pursuant to Pa.R.Crim.P. 1101 which provides:
In all cases the defendant may waive a jury trial with the consent of his attorney, if any, and approval by a judge of the court in which the case is pending, and elect to be tried by a judge without a jury. The judge shall ascertain from the defendant whether this is a knowing and intelligent waiver, and such colloquy shall appear on the record. The waiver shall be in writing, made a part of the record and shall be in the following form:
IN THE COURT OF COMMON PLEAS OF THE COUNTY OF ___ CRIMINAL ACTION NO ___ OF ___ 19___ COMMONWEALTH OF PENNSYLVANIA