Commonwealth v. Lugo

The defendant, Jorge Lugo, appeals from the order denying his motion for a new trial seeking to withdraw his guilty pleas to three counts of indecent assault and battery on a child under the age of fourteen,2 which was decided without an evidentiary hearing. We vacate the order and remand for an evidentiary hearing.

Background. On the first date this case was called for trial, defense counsel (ultimately, plea counsel) informed the judge that he was not prepared for trial and bluntly stated that if trial proceeded he would "be ineffective." He added that he had previously informed the…