Commonwealth v. Patton

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 terms and conditions of his probation, and that in the circumstances his only avenue to obtain review is under rule 30. His motion was…