Commonwealth v. Garcia

The defendant appeals from an order of a Boston Municipal Court judge denying his motion to vacate his guilty pleas on two counts of assault by means of a dangerous weapon, G. L. c. 265, § 15B, and one count of discharging a firearm within 500 feet of a building, G. L. c. 269, § 12E. On appeal, he principally maintains that the guilty pleas were not intelligently made. For the reasons set forth below, we reverse the order as to the charge of discharging a firearm and otherwise affirm.

Discussion. a. Assault by means of a dangerous weapon. The defendant contends that the judge abused his…