Commonwealth v. Whipple

82 Mass.App.Ct. 1120

978 N.E.2d 106

COMMONWEALTH

v.Joshua WHIPPLE.

No. 11–P–1932.

Appeals Court of Massachusetts.

November 8, 2012.

OPINION TEXT STARTS HEREBy the Court (BERRY, GREEN & MEADE, JJ.).

MEMORANDUM AND ORDER PURSUANT TO RULE 1:28

In 2009, the defendant pleaded guilty to a variety of indictments that grew out of his kidnapping and sexual assault of a disabled victim. In 2011, the defendant's motion to withdraw those guilty pleas was denied. On appeal, the defendant claims the judge erred in denying the motion because the record demonstrates his pleas were not intelligent as they were not supported with a sufficient factual basis. We affirm.

Because the record demonstrates that the defendant's counsel explained to him the elements of all the crimes to which he was pleading guilty, this case is controlled in all material respects by Commonwealth v. Hart, 82 Mass.App.Ct. 448, 450–452 (2012). See Henderson v. Morgan, 426 U.S. 637, 646 (1976). Although not necessary to our holding, we note that there was a sufficient factual basis for the defendant's guilty pleas. At the plea hearing, the defendant admitted to the truth...