Commonwealth v. Robbins

Abrams, I.

On February 21, 1995, the defendant, Stephen W. Robbins, pleaded guilty to murder in the first degree. On October 23, 1996, the defendant filed a motion for a new trial, seeking to vacate his guilty plea. The trial judge heard and denied the motion. The defendant then sought leave from a single justice of this court to appeal from the judge’s ruling. See Dickerson v. Attorney Gen., 396 Mass. 740, 744 (1986). See also G. L. c. 278, § 33E. The single justice concluded that *443G. L. c. 278, § 33E, was inapplicable in this situation, and that the defendant was therefore free to proceed…