Commonwealth v. Catuto

The defendant, Anthony Catuto, pleaded guilty in 2007 to possession of child pornography, G. L. c. 272, § 29C. Almost ten years later, he moved to vacate his plea on the grounds that there was no factual basis for the plea and that he did not plead voluntarily and intelligently because the Commonwealth's recitation of facts did not support a finding that the person in a lewd photograph he possessed was younger than eighteen years of age. A judge who was not the plea judge denied the motion and this appeal followed. We affirm.

Background. At his plea colloquy, the defendant agreed to the…