Opinion
No. 11–P–1866.
2013-01-31
COMMONWEALTH v. Angel CARTAGENA.
By the Court (WOLOHOJIAN, BROWN & CARHART, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
Upon review of the briefs, record appendix, and transcript, we think the circumstances of this case are substantially controlled in material respects by the reasoning set out in Commonwealth v. Lopez, 426 Mass. 657, 662–665 (1998). Contrast Commonwealth v. Colon, 439 Mass. 519, 525–526 (2003). The motion judge erred by not properly applying the presumption of regularity.
Accordingly, we reverse the order allowing the defendant's motion to withdraw his guilty pleas and for a new trial.
So ordered.