Opinion
No. 12–P–611.
2013-01-22
COMMONWEALTH v. Hector RIVERA.
By the Court (CYPHER, BROWN & COHEN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The defendant appeals from the denial of his motion for a new trial seeking to withdraw guilty pleas to armed robbery while masked (three counts) and possession of ammunition without an identification card. We affirm, substantially for the reasons ably stated by the motion judge, who also was the plea judge.
In brief, the defendant failed to demonstrate that his counsel was ineffective for not filing what would have been a futile motion to dismiss the indictments. Nor did the defendant demonstrate that it would have been rational for him to reject the plea bargain and go to trial. As the judge wrote: “Given the circumstances of this case—particularly the defendant's confession and the fact that he was caught disposing of the clothing identified by all three victims—the defendant has not shown that he had any ‘substantial ground of defence’ to pursue.” Finally, the defendant makes no argument, and there is no indication that the plea colloquy was deficient in any respect.
Order denying motion for new trial affirmed.