From Casetext: Smarter Legal Research

Commonwealth v. Brown

Appeals Court of Massachusetts
Feb 14, 1978
6 Mass. App. Ct. 844 (Mass. App. Ct. 1978)

Opinion

February 14, 1978.

Edward Berkin for the defendant.

James W. Sahakian, Assistant District Attorney, for the Commonwealth.


The defendant appeals from the denial, after hearing, of his motion to vacate his plea of guilty to an indictment charging carnal knowledge of a female child, G.L.c. 265, § 23, as appearing in St. 1966, c. 291, and for a trial thereon, on the ground that his plea was not knowingly or voluntarily entered. The defendant argues that a judge, on taking a guilty plea to a violation of G.L.c. 265, § 23, fails to fulfil his constitutional duty to insure that the plea is knowingly and voluntarily made ( Boykin v. Alabama, 395 U.S. 238), if he does not inform the defendant that he will be ineligible, under G.L.c. 127, § 129, to receive good time deductions from his sentence. The procedure for accepting a guilty plea was discussed in Commonwealth v. Stanton, 2 Mass. App. Ct. 614 (1974), where, at 622, we stated that a judge is not required to advise a defendant of the "practical complexities of the parole law." Good time, like parole eligibility and the operation of G.L.c. 123A, is but a "contingent consequence of being confined." Commonwealth v. Morrow, 363 Mass. 601, 606 (1973).

Judgment affirmed.


Summaries of

Commonwealth v. Brown

Appeals Court of Massachusetts
Feb 14, 1978
6 Mass. App. Ct. 844 (Mass. App. Ct. 1978)
Case details for

Commonwealth v. Brown

Case Details

Full title:COMMONWEALTH vs. DONALD R. BROWN

Court:Appeals Court of Massachusetts

Date published: Feb 14, 1978

Citations

6 Mass. App. Ct. 844 (Mass. App. Ct. 1978)
372 N.E.2d 530

Citing Cases

Commonwealth v. Wilder, No

Commonwealth v. Santiago, 394 Mass. 25, 30 (1985) teaches that failure to inform an accused of the…

Commonwealth v. Nolan

The trial judge denied the motion, which included a request for the appointment of counsel, without a…