Commonwealth v. Rodriguez

On appeal, the defendant argues that a judge of the Superior Court abused his discretion when he denied the defendant's motion for a new trial pursuant to Mass.R.Crim.P. 30, as appearing in 435 Mass. 1501 (2001). We affirm.

1. Background. After his convictions of rape and assault and battery by means of a dangerous weapon were reversed on appeal, see Commonwealth v. Rodriguez, 378 Mass. 296 (1979), the defendant fled to California, pleaded nolo contendere to two separate sexual assaults in that State, was returned to Massachusetts following his incarceration in California, and ultimately…