Commonwealth v. DeMarco

The Commonwealth claims that the judge erred in granting the defendant’s motion to withdraw his plea of guilty one week after the plea was accepted and a sentence imposed. We agree.

Once accepted, “[a] plea of guilty differs in purpose and effect from a mere admission or an extra-judicial confession; it is itself a conviction. . . . More is not required; the court has nothing to do but give judgment and sentence.” Machi-broda v. United States, 368 U.S. 487, 493 (1962), quoting Kercheval v. United States, 274 U.S. 220, 223 (1927). See Durant v. United States, 410 F.2d 689, 691 (1st Cir. 1969).…