Commonwealth v. Licata

On November 17 1989, the defendant was found guilty on three indictments charging rape of a single victim. See G. L. c. 265, § 22 (6) (1990 ed.). Approximately one year after sentencing, he filed a motion for a new trial on the ground that he had been denied effective assistance of counsel. See Mass. R. Crim. P. 30 (b), 378 Mass. 900 (1979). The motion was denied without hearing. The defendant appealed from his convictions and from the refusal of the motion judge, who was also the trial judge, to grant him a new trial. The Appeals Court consolidated the appeals. We granted the defendant’s…