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COMMONWEALTH v. DIETRICH

381 Mass. 458 (1980)

409 N.E.2d 1288

COMMONWEALTH vs. DENNIS DIETRICH.

Supreme Judicial Court of Massachusetts, Essex.

September 4, 1980.

Attorney(s) appearing for the Case

Matthew H. Feinberg (Mary C. Leonard with him) for the defendant.

Lila Heideman, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.

ABRAMS, J.

The defendant was convicted of robbery and mayhem in a jury waived trial in the Superior Court in 1973.1 A motion for a new trial was denied by the trial judge without a hearing in 1978. The defendant was allowed to file a late notice of appeal under G.L.c. 278, §§ 33A-33H, from both his convictions and the denial of his motion for a new trial, and the two appeals were consolidated...

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