Commonwealth v. Preston

The defendant’s appeal is before us on an allegation that the judge erred in finding a “solid default” based on the defendant’s conduct and in denying the defendant’s subsequently filed motion to revoke the sentence imposed. There was no error.

The defendant was convicted following a bench trial on April 9, 1979, by a judge of the Boston Municipal Court of larceny from the person, and was sentenced to serve eighteen months in a house of correction. The defendant claimed an appeal for a jury trial de novo. That trial was set for April 24, 1979.

The defendant failed to appear on April 24, and a…