Legal Opinion

Commonwealth v. Cresta

Massachusetts Appeals Court

Decided March 29, 1977Published

1Opinion of the Court

The defendant appeals from the denials of his “Motion for a New Trial” and “Motion to Withdraw Guilty Plea” (which the judge correctly treated as a single motion) on three indictments to which he had pleaded guilty in 1945 and on two of which he had received concurrent indeterminate sentences to the Massachusetts Reformatory. The proceedings on the motion were held pursuant to the provisions of G. L. c. 278, §§ 33A-33G. 1. We decline the defendant’s invitation to rule that Boykin v. Alabama, 395 U. S. 238 (1969), be given retroactive effect. See Commonwealth v. Leate, 367 Mass. 689, 693…

2Cases cited5 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Commonwealth v. BernierMassachusetts Supreme Judicial Court · 1971
  3. Commonwealth v. LeateMassachusetts Supreme Judicial Court · 1975
  4. Commonwealth v. KozerskiMassachusetts Appeals Court · 1973
  5. Young v. Mobil Oil Corp.Massachusetts Appeals Court · 1976

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