Opinion
No. 11–P–1658.
2012-06-19
COMMONWEALTH v. Jonathan RAMOS.
By the Court (WOLOHOJIAN, SMITH & AGNES, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The defendant, Jonathan Ramos, pleaded guilty to certain charges in the Superior Court. The judge engaged in a comprehensive colloquy with the defendant. Among other things, the defendant was advised that, if he pleaded guilty, he would be giving up his rights to have a trial with or without a jury, and all the rights that go with a trial. The defendant gave appropriate answers to the judge's questions.
On appeal, the defendant claims that his guilty pleas were invalid because he did not execute a written waiver of his right to a jury trial. His argument is foreclosed by Commonwealth v. Hubbard, 457 Mass. 24, 26 (2010), wherein the court held “[t]here is no requirement that, when accepting a defendant's tender of a guilty plea, a defendant's waiver of the right to a trial with or without a jury be in writing.” We lack the power to depart from Supreme Judicial Court precedent. Commonwealth v. Harrington, 74 Mass.App.Ct. 14, 15 (2009).
We affirm the order denying the defendant's motion to vacate his guilty pleas.
So ordered.