Opinion
No. 11–P–1520.
2012-07-3
COMMONWEALTH v. Mark ADAMS.
By the Court (KANTROWITZ, COHEN & MEADE, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The defendant appeals from the denial of his motion to withdraw guilty pleas and for a new trial. We affirm.
1. Review of the plea colloquy confirms that the defendant understood the nature of the charges and the consequences of his plea and, therefore, entered it intelligently. See Commonwealth v.. Hiskin, 68 Mass.App. 633, 634 (2007).
He responded affirmatively when asked whether his lawyer had explained the facts that the Commonwealth was required to prove beyond a reasonable doubt in order to prove the defendant guilty of the crimes charged, and he again responded affirmatively when asked if he had had enough time to fully discuss his case, his rights, his defenses, and the possible consequences of his guilty plea with his attorney. The defendant also acknowledged the truth of the charges against him, agreeing to the facts recited by the assistant district attorney as modified by defense counsel. Contrary to the defendant's argument, those facts sufficed to show that the defendant was involved in a joint venture with Arlis Evans to sell cocaine. 2. There is no merit to the defendant's claim that he is entitled to relief because he was not made aware of the maximum possible sentence he faced. Any error in that regard was harmless beyond a reasonable doubt in view of the fact that the judge adopted the joint sentencing recommendation of the prosecutor and the defendant. See Commonwealth v. Cavanaugh, 12 Mass.App.Ct. 543, 545–546 (1981).
3. The defendant has not provided us with the transcripts of the grand jury proceedings or otherwise shown that the exacting standards for the allowance of a pretrial motion to dismiss could have been met. See Commonwealth v. Matthews, 450 Mass. 858, 873 (2008). Accordingly, his claim of ineffective assistance of counsel fails, if only because he has failed to demonstrate a likelihood that the motion would have been successful. Cf. Commonwealth v. Cutts, 444 Mass. 821, 830 (2005) (failure to file motion to suppress).
Order denying motion to withdraw guilty pleas and for new trial affirmed.