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[J-43-1998] THE SUPREME COURT OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA, : Appellee : : : v. : : : DHANNIEL VEGA, : a/k/a DANIEL VEGA : Appellant : : : : : : 126 M.D. Appeal Docket 1997 Appeal from the Order of the Superior Court dated March 6, 1997, Docket No. 734 Harrisburg, 1996 affirming the Order of the Court of Common Pleas of Dauphin County, Docket No. 1485 C.D., 1994 SUBMITTED: FEBRUARY 5, 1998:

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

MR. JUSTICE NIGRO

DECIDED: OCTOBER 1, 1998

Appellant, Dhanniel Vega, appeals from the Superior Court's affirmance of his conviction for Theft by Receiving Stolen Property. The issue presented to this Court is whether Appellant's express waiver of his right to be present during his trial was knowing and intelligent and thus a valid waiver. For the reasons presented herein we reverse. Although Appellant had been represented by the Public Defender's Office since June 13, 1994, Appellant filed a number of pro-se pre-trial motions, including a motion to dismiss under Pa.R.Crim.P. 1100. During a pre-trial conference, Appellant expressed dissatisfaction with the Public Defender and requested that counsel be appointed from outside the Public Defender's Office. The trial court explained to Appellant that he essentially had three choices: 1) hire a private attorney; 2) accept the

attorney designated by the Court; or 3) represent himself. Following the trial court's refusal to appoint new counsel, Appellant informed the Court that he was waiving his right to be present during his trial. The following exchange occurred: THE COURT: Mr. Vega, do you wish to be present during the conduct of your trial? THE DEFENDANT: Your honor, I want my constitutional rights to be exercised. I'm requesting a court-appointed lawyer who gives me the fair representation that I deserve. The Court: Mr. Vega, don't interrupt me again or I will remove you from the courtroom. We are now going to proceed with one of your constitutional rights and that is a trial by jury. You've requested a lawyer. Mr. Zugay is going to represent you. The Defendant: He's not going to represent me. The Court: Do you wish to be present and-- The Defendant: You guys can do whatever you want to do. The Defendant: I want a court-appointed lawyer. I want a court-appointed lawyer. My constitutional rights are violated. I want a lawyer to represent me fairly. The Court: Mr. Vega, you've been absolutely clear to me on that point. You've never wavered from that desire. Mr. Zugay, it's clear to me that he wants a courtappointed lawyer. You have one, and its Mr. Zugay. Now-- The Defendant: I want a court-appointed lawyer that's going to represent me fairly and go through my case the way its supposed to go. This is from two [sic] year ago. The Court: Okay. The Defendant: I've been incarcerated against my will. They have violated all my Constitutional rights. The courts, district attorney's office, that lawyer, and I not [sic] just going to lead my life

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