Porter v. Commonwealth
Porter v. Commonwealth
Opinion of the Court
Norman A. Porter, Jr., appeals pro se from a judgment of a single justice of this court denying his petition for relief pursuant to G. L. c. 211, § 3. We affirm.
In 1962, Porter, charged with murder in the first degree, pleaded guilty to
Although plenary review under § 33E would be available to a defendant tried for murder in the first degree but convicted of murder in the second degree if the offense occurred before July 1, 1979, see Commonwealth v. Davis, 380 Mass. 1, 16 (1980), it is not available to a defendant who, like Porter, pleads guilty to such an offense. See Commonwealth v. Balliro, 437 Mass. 163, 164-165 (2002). The appropriate avenue to challenge a guilty plea has long been through a motion for a new trial. See Commonwealth v. Pen-rose, 363 Mass. 677, 681 (1973). Accord Commonwealth v. Huot, 380 Mass. 403, 406 (1980). Porter makes no claim that filing such a motion, and, if the motion is denied, appealing to the Appeals Court, are inadequate means of obtaining review of the validity of his plea.
Judgment affirmed.
Reference
- Full Case Name
- Norman A. Porter, Jr. v. Commonwealth
- Status
- Published