COMMONWEALTH v. PATTON

No. SJC-10625.

458 Mass. 119 (2010)

COMMONWEALTH v. FREDERICK PATTON.

Supreme Judicial Court of Massachusetts, Bristol.

September 28, 2010.


Attorney(s) appearing for the Case

Rebecca Rose for the defendant.

Kristen L. Spooner, Assistant District Attorney (David J. Gold, Assistant District Attorney, with her) for the Commonwealth.

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


SPINA, J.

Frederick Patton, the probationer, was sentenced to a term of incarceration as a result of the revocation of his probation in the District Court. Represented by new counsel on appeal, he filed a motion under Mass. R. Crim. P. 30 (b), as appearing in 435 Mass. 1501 (2001), alleging that trial counsel was ineffective for failing to file a notice of appeal, that the evidence at his revocation hearing was insufficient to support a finding that he violated the...

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