Commonwealth v. Russell

The defendant, Russell V. DiNovo, pleaded guilty to charges of assault and battery on a family or household member, G. L. c. 265, § 13M (a ), and resisting arrest, G. L. c. 268, § 32B ; he was sentenced to time served. Almost two years later he filed a motion for a new trial, arguing, among other things, that the plea judge erred in accepting his guilty pleas because there was no factual basis for the charges. The same judge who had accepted the pleas denied the motion, and the defendant appeals. We affirm.

Under Mass. R. Crim. P. 12 (c) (5) (A), as appearing in 470 Mass. 1511 (2015), "[a]…