Commonwealth v. Rodriguez

In 1995, the defendant was sentenced on a plea of guilty to two and one-half years in a house of correction for *573receiving et stolen motor vehicle and placed on probation for two years without the imposition of any suspended sentence (straight probation) on a charge of masked armed robbery.1 In 1999 he was found to be in violation of the terms of his probation for committing a number of felonies, including three counts of breaking and entering, and was sentenced on the armed robbery while masked conviction to a term of from five to seven years.2 We conclude that the judge at the 1995 plea…