Commonwealth v. Hart

(dissenting, with whom Rubin, J., joins). I agree with the majority, of course, that a constitutionally valid plea “must be voluntary and intelligent,” Commonwealth v. Hunt, 73 Mass. App. Ct. 616, 619 (2009), and that “[a] guilty plea generally is voluntary and an intelligent admission of guilt ‘if the record shows ... a representation that counsel has explained to the defendant the elements he admits by his plea.’ ” Commonwealth v. Sherman, 451 Mass. 332, 335 (2008), quoting from Commonwealth v. Colantoni, 396 Mass. 672, 679 (1986). However, I am not satisfied that a defense counsel’s…