Commonwealth v. Dean-Ganek

In Commonwealth v. Rodriguez, ante 256 (2012) (Rodriguez), we concluded that where a judge acts on his own timely motion to revise or revoke a sentence under Mass. R. Crim. P. 29 (a), 378 Mass. 899 (1979), the judge has the authority to reduce a sentence “if it appears that justice may not have been done,” regardless of whether a plea agreement includes an agreed sentence recommendation. This case presents the separate but related question whether the Commonwealth has the authority to require a judge to vacate a defendant’s guilty plea where *306the Commonwealth made a charge concession as part…