|Organization:||Massachusetts Supreme Judicial Court|
Commonwealth v. Franke Gomez
Supreme Judicial Court, August 10, 2018
(Criminal Procedure/Conditional Guilty Plea)
A conditional guilty plea is permissible, if it is entered with the consent of the Commonwealth and the court, and the defendant states the pretrial motion from which he seeks to appeal.
*The SJC has instructed the standing advisory committee to propose an amendment to Mass. R. Crim. P. 12 that sets forth the requirements for conditional guilty pleas. Until this occurs, judges and parties are to follow the procedures utilized in Federal court under Fed. R. Crim. P. 11 (a) (2).