Commonwealth v. Sherman

On appeal from an order allowing a motion for a new trial, the Commonwealth contends that a Superior Court judge erred in concluding that the defendant’s guilty plea was not intelligent. We agree and reverse the order allowing the new trial motion.

1. Background. Indicted for aggravated rape and assault with intent to murder, the defendant, Larry H. Sherman, Jr., pleaded guilty in 1993 to the lesser offenses of rape and assault. After *798colloquy, a judge accepted the jointly recommended disposition and imposed, for the rape, a sentence of six to ten years in prison, with six months to be served…