Commonwealth v. SylvesterAnnotate this Case
In 2002, Defendant pleaded guilty to indecent assault and battery. In 2013, Defendant filed a motion to withdraw his guilty plea or for a new trial, arguing that his plea counsel was constitutionally ineffective by advising Defendant that he would need to “register” if he pleaded guilty to a sex offense without explaining the consequences of sex offender registration. The motion judge denied the motion, concluding that Defendant failed to establish that plea counsel was constitutionally ineffective. The Supreme Judicial Court affirmed, holding that plea counsel was not constitutionally ineffective in giving this advice in 2002, and the question of whether such advice would be constitutionally ineffective based on the current statutory scheme for sex offender registration is best left for another day.