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COMMONWEALTH v. MAHAR

442 Mass. 11 (2004)

COMMONWEALTH v. RICHARD MAHAR.

Supreme Court of Massachusetts, Suffolk.

June 7, 2004.

Attorney(s) appearing for the Case

Charles W. Rankin for the defendant.

Paul B. Linn, Assistant District Attorney, for the Commonwealth.

Thomas F. Reilly, Attorney General, & David M. Lieber, Assistant Attorney General, for the Attorney General, amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

CORDY, J.

In this case we must decide whether a defendant who rejects a plea bargain offer made by the Commonwealth prior to trial, and is subsequently convicted and sentenced to a longer term, may challenge his sentence on the ground that his attorney rendered ineffective assistance in connection with his decision to reject the offer. While we conclude that such a claim may be brought, we also conclude that it was properly...

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