Forte v. Commonwealth

This is an appeal from a judgment of a single justice of this court denying Michael Forte (defendant) relief under G. L. c. 211, § 3 (1992 ed.).1 On December 17, 1987, the defendant was convicted of larceny in a building, breaking and entering in the nighttime, and assault and battery. On December 5, 1988, the Appeals Court allowed his motion *99to file a late appeal from the convictions. However, on March 7, 1991, the appeal was dismissed, pursuant to that court’s standing order 17A, for failure to file a brief.

On July 9, 1993, the defendant filed a pro se motion in the Superior Court…