Rescript
Franklin B. Abernathy appeals from a judgment of the county court denying, without a hearing, his petition for relief under G. L. c. 211, § 3. In 2014, Abernathy's convictions of breaking and entering during the daytime with intent to commit a felony and of possession of burglarious tools were affirmed by the Appeals Court, and we denied further appellate review. Commonwealth v. Abernathy,
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