Commonwealth v. Brito

By the Court (Vuono, Neyman & Shin, JJ.1 ),

The defendant, Rafael Nina Brito, appeals from an order denying his motion under Mass.R.Crim.P. 29(a)(2), as appearing in 474 Mass. 1503 (2016), to revise or revoke his sentence. He was convicted by a jury of rape on an indictment charging him with aggravated rape; three codefendants were similarly charged. As grounds for his rule 29 motion, the defendant claims that the sentence he received was "unlawfully disparate" from the sentences received by his codefendants and that he was punished for electing to proceed to trial. He also claims that the…