COMMONWEALTH v. SHERMAN

SJC-10034

451 Mass. 332 (2008)

COMMONWEALTH v. LARRY H. SHERMAN, JR.

Supreme Judicial Court of Massachusetts, Bristol.

May 2, 2008.


Attorney(s) appearing for the Case

David J. Barend for the defendant.

Tara Blackman, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, CORDY, & BOTSFORD, JJ.


SPINA, J.

Nearly ten years after he had pleaded guilty to rape and assault and had been sentenced, the defendant, Larry H. Sherman, Jr., moved for a new trial. The motion was granted on the ground that his guilty pleas had not been made intelligently. A judge in the Superior Court concluded that the record of the hearing where he changed his pleas to guilty "does not demonstrate that the defendant was advised of the elements...

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