Commonwealth v. Fernandez

This is a collateral attack on a judgment of conviction based on ineffective assistance of trial counsel. This was the trial de novo appeal of a conviction, upon which an extremely lenient sentence involving no incarceration had been imposed. See note 2, infra. At any event, nothing has been made to appear that would cause us to grant the defendant another trial. See Commonwealth v. Amirault, 424 Mass. 618, 652 n.24 (1997).

Following a second bench trial (a jury having been waived) in the Boston Municipal Court, the defendant was convicted of two counts of assault and battery by means of a…