Commonwealth v. Ahart

After a probation revocation hearing in July, 2002, the defendant, Larry C. Ahart, was sentenced to eighteen months in the house of correction. Some five and one-half months later, following a hearing on his motion to revise and revoke his sentence pursuant to Mass.R.Crim.P. 29(a), 378 Mass. 899 (1979), the sentence was revoked and revised to two years of straight probation, reduced from a commitment of eighteen months in the house of correction; the defendant was released from custody.

He now appeals from the denial of two motions for a new trial. In his first motion, he challenged the…