Commonwealth v. Hart

In 2009, the defendant pleaded guilty to a complaint charging him with disorderly conduct in violation of G. L. c. 272, § 53, and resisting arrest in violation of G. L. *449c. 268, § 32B. The following year, the defendant moved for a new trial seeking to vacate his guilty pleas. The same judge who had accepted the defendant’s guilty pleas denied the motion. On appeal, the defendant claims that it was an abuse of the judge’s discretion to deny the motion because there did not exist a sufficient factual basis from which the judge could have concluded that the guilty plea to the resisting arrest…