Commonwealth v. Pena

Ulysses Pena (probationer) was sentenced to terms of incarceration as a result of the revocation of his probation in the Superior Court. He appealed, arguing that he was denied the right to counsel at his probation violation hearing in contravention of the Sixth Amendment to the United States Constitution *184and art. 12 of the Massachusetts Declaration of Rights.1 In an unpublished memorandum and order entered on December 8, 2010, the Appeals Court, relying on Commonwealth v. Fallon, 53 Mass. App. Ct. 473, 475 (2001), dismissed the probationer’s appeal as moot because he had pleaded guilty to…