Commonwealth v. Thurston

Almost twelve years after his September, 1987, pleas of guilty to charges of rape of a six year old child and indecent assault and battery on that child, the defendant, Donald R. Thurston, moved to withdraw those pleas and for a new trial. His motion alleged that he had been misled as to the penal consequences of his pleas. Specifically, he claimed that the plea *549judge, the prosecutor, and defense counsel had all induced him to. believe that, despite receiving a formal sentence of twenty years at M.C.I., Concord, on the rape charge, he actually would have to serve no more than two years in…