Opinion
11-P-204
04-23-2012
COMMONWEALTH v. MICHAEL E. HART.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The judge correctly found that the factual basis for the charge of assault and battery by means of a dangerous weapon remained undisturbed by the testimony of the victim during the hearing on the defendant's motion for new trial. The motion judge also properly found that there was a factual basis for the defendant's plea to the charge of assault and battery by means of a dangerous weapon. We rely upon the judge's memorandum and decision on motion for new trial which is reproduced in the defendant's record appendix at pages forty-six and forty-seven.
The order denying the motion for new trial is affirmed.
So ordered.
By the Court (Grasso, Mills & Trainor, JJ.),