Commonwealth v. De La Zerda

We are presented with the question of what to do with an appeal when a defendant dies after we have granted his application for further appellate review of an order denying his motion for a new trial.

In May, 1987, the defendant waived his right to an initial jury trial and admitted to sufficient facts to support a charge of indecent assault and battery on a child. Based on his ad mission, the judge found the defendant guilty of indecent assault and battery, and imposed sentence. The defendant served his sentence.

In November, 1990, represented by new counsel, the defendant moved for a new…