Commonwealth v. Billups

The defendant appeals from an order of a Superior Court judge denying his motion for new trial. The defendant also asserts, for the first time, an ineffective assistance of counsel claim that follows from the same set of facts. The fundamental issue is whether a sentencing reform law had been passed before or after the defendant's sentencing on January 25, 1980. Because the law was passed well after the defendant was sentenced, the sentence was not illegal. We affirm.

Nearly forty years ago, after a jury trial, the defendant was found guilty of assault with intent to rape, assault and battery…