Commonwealth v. Espinoza

When Juan Espinoza, the defendant, failed to show up on the assigned date for trial in a District Court jury-of-six session, the trial judge declared him in default and, acting under G. L. c. 278, § 24, reinstated the one-year sentence imposed at a bench trial. The primary question on appeal is whether Espinoza’s default was a “solid” one, warranting invocation of G. L. c. 278, § 24. See Commonwealth v. Coughlin, 372 Mass. 818, 821 (1977).

The relevant facts are procedural. Espinoza was charged with unlicensed carrying of a firearm under his control in a vehicle (G. L. c. 269, § 10[a]). Twice…