Fernandez v. Commonwealth

Soilo Fernandez appeals from a judgment of a single justice of this court denying his self-styled “Motion for Leave to File Notice of Appeal Late.” We affirm.

In 1998, Fernandez pleaded guilty to various offenses in the Superior Court. He later moved for a new trial, which was denied on March 30, 1999. Fernandez filed a timely notice of appeal and a request for a transcript of his plea hearing on April 8, 1999. Although a transcript of the plea hearing was docketed in the Superior Court, the docket does not indicate that the record was ever assembled for appeal. See Mass. R. A. P. 9, as…