COMMONWEALTH v. ESPINOZA

No. 89-P-623.

28 Mass. App. Ct. 65 (1989)

546 N.E.2d 376

COMMONWEALTH vs. JUAN ESPINOZA.

Appeals Court of Massachusetts, Essex.

November 20, 1989.


Attorney(s) appearing for the Case

Andrew Silverman, Committee for Public Counsel Services, for the defendant.

Margaret J. Perry, Assistant District Attorney (Emmett J. Ballard, Assistant District Attorney, with her) for the Commonwealth.

Present: DREBEN, KASS, & WARNER, JJ.


KASS, J.

When Juan Espinoza, the defendant, failed to show up on the assigned date for trial in a District Court jury-of-six session, the trial judge declared him in default and, acting under G.L.c. 278, § 24, reinstated the one-year sentence imposed at a bench trial. The primary question on appeal is whether Espinoza's default was a "solid" one, warranting invocation of G.L.c. 278, § 24. See Commonwealth v. Coughlin, 372 Mass...

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