17 Mass. App. Ct. 1041 | Mass. App. Ct. | 1984
The defendant, convicted of altering an assignment of a certificate of title (G. L. c. 90D, § 32[a]), alleges a miscellany of errors. 1. The defendant was advised by at least three judges of his right to counsel and had the benefit of two appointed counsel (he fired each) and two appointed standby counsel. The findings of September 28, 1983, indicate that the defendant affirmatively waived counsel, asserted a wish to represent himself at trial, and affirmatively acquiesced in the arrangement for standby counsel throughout the trial. Under these circumstances the defendant bore the burden of establishing that his waiver and affirmative acquiescence were not knowing and intelligent. Maynard v. Meachum, 545 F.2d 273, 277-279 (1st Cir. 1976). That burden was not met. The defendant was represented by counsel at his nonjury trial and had continuous and comprehensive assistance of counsel up to the start of his jury trial; he had standby counsel throughout that trial; he conducted his defense with comprehension and, judging solely from the transcript, considerable familiarity with criminal trials — an impression borne out by (but not dependent on) his lengthy prior record. These facts warrant an inference of understanding and intelligent waiver. Id. at 279. Commonwealth v. Appleby, 389 Mass. 359, 368 (1983). Commonwealth v. Moran, ante 200, 208 (1983). 2. The modest restriction imposed by the judge for the security of exhibits in the courtroom was neither “arbitrary [n]or unreasonable”, Commonwealth v. Brown, 364 Mass. 471, 476 (1973), nor does it appear to have impaired the conduct of the defense. Contrast Commonwealth v. Stokes, 11 Mass. App. Ct. 949, 950 (1981). 3. The defendant concedes, apparently, that the evidence warranted a finding that he had altered the date on the assignment of the certificate of title but argues that his motion for a directed verdict should have been allowed because there was no
Judgment affirmed.
