JANUARY 27, 2014
Today, the Masschusetts Appeals Court issued its decision in Commonwealth v. Almonte, discussing the standard for a criminal defendant to withdraw his guilty plea on the grounds of ineffective assistance of counsel.
In 2005, the defendant was charged with one count of assault and battery by means of a dangerous weapon, and one count of assault and battery on a child causing injury, arising out of allegations that he had physically abused his minor daughter. Following plea discussions, the defendant and the Commonwealth agreed to plead guilty on both counts, with concurrent sentences of one-year of confinement, suspended for two years, upon certain probationary terms. The defendant and the Commonwealth submitted a “Tender of Plea” form, also known as the “green sheet,” to the Lawrence District Court, outlining these terms.