Commonwealth v. Levia

The defendant was convicted, after a Superior Court jury trial, on two indictments for masked armed robbery and was sentenced to two consecutive ten-year terms at the Massachusetts Correctional Institution at Concord. He filed a motion for a new trial and a motion to correct sentence, Mass. R. Crim. P. 30 (a), (b), 378 Mass 900 (1979), both of which were denied by the trial judge. The defendant appeals the denial of his motion for a new trial; the question presented by the motion to correct sentence has been reported by the judge. We transferred the case to this court on our own motion. We…