Commonwealth v. Shindell

The defendant pleaded guilty to indecent assault *504and battery.1 G. L. c. 265, § 13H. She now seeks to withdraw that guilty plea on two main bases: (1) she was not advised that she could be required to register as a sex offender; and (2) she was not given the opportunity to withdraw her “defense-capped” plea after the judge indicated he would exceed the defendant’s sentencing recommendation. In addition, she argues she should be permitted to withdraw her plea because she was not informed, as required by Mass.R.Crim.P. 12(c)(3)(B), 378 Mass. 868 (1979), of the possibility of being subject to…