COMMONWEALTH v. CAVANAUGH


12 Mass. App. Ct. 543 (1981)

427 N.E.2d 496

COMMONWEALTH vs. DONALD CAVANAUGH.

Appeals Court of Massachusetts, Worcester.

October 30, 1981.


Attorney(s) appearing for the Case

Brownlow M. Speer for the defendant.

Joseph C. McGinn, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, KASS, & SMITH, JJ.


SMITH, J.

As a result of proceedings in a six-person jury session of the District Court Department on June 13, 1980, the defendant was sentenced to a period of confinement at a house of correction. Six weeks later, the defendant filed a motion for leave to withdraw guilty plea and for a new trial claiming (1) that his sentence was invalid because he had never formally pleaded guilty, and (2) that his plea had been involuntary because the judge had failed to inform...

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