Commonwealth v. Williams

On appeal from the denial of his postconviction motion under Mass.R.Crim.P. 30(a), 378 Mass. 900 (1979), the defendant claims that the sentence imposed upon him by the District Court judge in the jury session was contrary to the statutory prohibition against increasing a sentence on withdrawal of an appeal under G. L. c. 278, § 25. We affirm the denial of the motion.

General Laws c. 278, § 25 (as amended by St. 1983, c. 82), provides, in pertinent part, that “[wjhere the court allows the withdrawal [of an appeal], it may order the appellant to comply with the sentence appealed from, in the…