Com. v. Melendez, G. (dissenting memorandum statement)

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J. S39029/13 NON-PRECEDENTIAL DECISION SEE SUPERIOR COURT I.O.P 65.37 COMMONWEALTH OF PENNSYLVANIA v. GILBERTO MELENDEZ, Appellant : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 2187 MDA 2012 Appeal from the Order Entered November 20, 212, in the Court of Common Pleas of York County Criminal Division at No. CP-67-CR-0000998-2011 BEFORE: FORD ELLIOTT, P.J.E., PANELLA AND FITZGERALD,* JJ. DISSENTING MEMORANDUM STATEMENT BY FORD ELLIOTT, P.J.E.: FILED DECEMBER 13, 2013 I respectfully dissent. Appellant is proceeding pro se, and I would remand for an on-the-record colloquy that he has made a knowing, intelligent, and voluntary waiver of his right to counsel. Commonwealth v. Grazier, 552 Pa. 9, 12, 713 A.2d 81, 82 (1998). * Retired Justice specially assigned to the Superior Court. See

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