COMMONWEALTH v. LOPEZ


426 Mass. 657 (1998)

COMMONWEALTH v. ALBERT LOPEZ.

Supreme Judicial Court of Massachusetts, Worcester.

February 6, 1998.


Attorney(s) appearing for the Case

Sam Silverman for the defendant.

Sandra L. Hautanen, Assistant District Attorney, for the Commonwealth.

Elizabeth A. Lunt & William B. VanLonkhuyzen for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


GREANEY, J.

We transferred this case to this court on our own motion. We consider in this case, and in Commonwealth v. Grant, post 667 (1998), the standards that should govern a judge's consideration of a defendant's motion to withdraw a guilty plea under Mass. R. Crim. P. 30 (b), 378 Mass. 900 (1979), when the motion is filed in a sentencing enhancement context and no record of the plea exists because the means of creating that record have been destroyed...

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