OPINION OF THE COURT

The Superior Court has certified to this Court the question of the constitutionality of 42 Pa.C.S. § 5104(c), upon which *370the Court of Common Pleas of Philadelphia relied in denying appellant’s motion to waive trial by jury pursuant to Pa.R. Crim.P. 1101. In Commonwealth v. Sorrell, 500 Pa. 355, 456 A.2d 1326 (1982) (filed this day), in which the same constitutional question was certified by the Superior Court, this Court declared 42 Pa.C.S. § 5104(c) unconstitutional, concluding that “42 Pa.C.S. § 5104(c), which contravenes Pa.R.Crim.P. 1101, is an unconstitutional infringement upon the procedural rule-making authority of this Court conferred by Pa. Const, art. V, § 10.”

Record remanded to the Superior Court for proceedings consistent with Commonwealth v. Sorrell, supra.

dissenting.

I dissent for the reasons set forth in my opinion in Commonwealth v. Sorrell, 500 Pa. 355, 363-64, 456 A.2d 1326, 1330 (1982) (filed this day) (Nix, J., dissenting).