Commonwealth v. Harris

The defendant, Lavester Harris, appeals from the denial of his third motion for new trial. See Mass.R.Crim.P. 30(b), as appearing in 435 Mass. 1501 (2001). The defendant contends that the judge abused her discretion when she determined that the defendant waived the opportunity to refile a motion for new trial after he agreed to withdraw his previously-filed motion in exchange for a favorable disposition of probation violations. We affirm.

Background. We summarize the procedural background as set forth in the record and reflected in the motion judge's thorough and well-reasoned memorandum of…