Commonwealth v. Feeney

On February 19, 1987, the defendant was found guilty after a District Court bench trial of breaking and entering a motor vehicle in the nighttime with intent to commit a misdemeanor. See G. L. c. 266, § 16A. He was sentenced to probation for one year with an order with respect to restitution. The defendant timely appealed for a de nova trial in the District Court jury-of-six session, see G. L. c. 218, § 27A, where a mandatory pretrial conference, see *145Mass.R.Crim.P. 11(a), 378 Mass. 862-863 (1979), was scheduled for March 27, 1987. When the defendant failed to appear at the conference, a…