Legal Opinion

Commonwealth v. Gilbert

Massachusetts Appeals Court

Decided October 3, 2018No. AC 17-P-967Published

1Opinion of the CourtDitkoff, J.

Based on a long and brutal series of rapes and assaults on a single victim, the defendant, Richard L. Gilbert, pleaded guilty to multiple crimes, including eleven indictments for aggravated rape, in a plea without an agreement regarding disposition. Concluding that multiple counts of aggravated rape may be premised on a single aggravating factor, we reject the defendant's claim that three of his aggravated rape convictions and eight of his convictions of lesser offenses must be vacated. Further finding no ineffectiveness in plea counsel's lengthy sentencing argument or his advice to the…

2Cases cited42 opinions

  1. Hill v. LockhartSupreme Court of the United States · 1985
  2. Gardner v. FloridaSupreme Court of the United States · 1977
  3. Commonwealth v. SaferianMassachusetts Supreme Judicial Court · 1974
  4. Commonwealth v. AcevedoMassachusetts Supreme Judicial Court · 2006
  5. Commonwealth v. DegroMassachusetts Supreme Judicial Court · 2000

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