Commonwealth v. Hill, 478 N.E.2d 169 (Mass. App. Ct. 1985). · Go Syfert
Commonwealth v. Hill, 478 N.E.2d 169 (Mass. App. Ct. 1985). Cases Citing This Book View Copy Cite
20 citation events (14 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
examined Cited as authority (quoted) Fletcher v. Dickhaut (2×)
D. Mass. · 2011 · quote attribution · 2 verbatim quotes · confidence low
the contention that offenders must twice serve the minimum sentences described in g.l. c. 279, 25, in order to be deemed habitual criminals is erroneous.
cited Cited as authority (rule) Commonwealth v. Evelyn
Mass. · 2015 · confidence medium
See also Commonwealth v. Brown, 55 Mass. App. Ct. 440, 448-449 (2002); Commonwealth v. Hill, 20 Mass. App. Ct. 130, 132-133 (1985).
discussed Cited as authority (rule) Commonwealth v. Ortiz
Mass. · 2013 · confidence medium
See also Commonwealth v. Brown, 55 Mass. App. Ct. 440, 448-449 (2002) (stipulation to all evidence at jury-waived trial was tantamount to guilty plea); Commonwealth v. Hill, 20 Mass. App. Ct. 130, 132-133 (1985) (defendant who stipulates facts that are conclusive of guilt in effect relinquishes same rights as one who pleads guilty, and is entitled to same safeguards that surround acceptance of guilty plea).
cited Cited as authority (rule) Commonwealth v. Ramsey
Mass. · 2013 · confidence medium
See id., citing Commonwealth v. Castillo, 66 Mass. App. Ct. 34, 35, 37 (2006); Commonwealth v. Brown, 55 Mass. App. Ct. 440, 447-449 (2002); Commonwealth v. Hill, 20 Mass. App. Ct. 130, 132 (1985).
discussed Cited as authority (rule) Commonwealth v. Ramsey
Mass. App. Ct. · 2011 · confidence medium
The requirement that a colloquy be conducted is particularly important where “a defendant stipulates the truth of facts that are conclusive of guilt.” Commonwealth v. Brown, 55 Mass. App. Ct. 440, 448 (2002), quoting from Commonwealth v. Hill, 20 Mass. App. Ct. 130, 132 (1985).
discussed Cited as authority (rule) Commonwealth v. Lopez
Mass. · 2006 · confidence medium
See Commonwealth v. Lewis, 399 Mass. 761, 762-763 (1987); Commonwealth v. Feaster, 25 Mass. App. Ct. 909, 909-910 (1987); Commonwealth v. Nydam, 21 Mass. App. Ct. 66, 67 (1985); Commonwealth v. Hill, 20 Mass. App. Ct. 130, 131-133 (1985).
discussed Cited as authority (rule) Commonwealth v. Castillo
Mass. App. Ct. · 2006 · confidence medium
See Commonwealth v. Lewis, 399 Mass. 761, 763-764 (1987) (conviction reversed where defendant waived jury, parties stipulated to evidence, and judge failed to advise defendant of constitutional rights he was waiving); Commonwealth v. Hill, 20 Mass. App. Ct. 130, 131-133 (1985) (conviction reversed where parties stipulated to evidence and defendant was not informed of constitutional rights he was waiving); Commonwealth v. Brown, 55 Mass. App. Ct. 440, 448-449 (2002) (conviction reversed where defendant waived jury, stipulated to evidence, and was not advised of constitutional rights she was wai…
discussed Cited as authority (rule) Commonwealth v. Brown
Mass. App. Ct. · 2002 · confidence medium
“When . . . a defendant stipulates the truth of facts that are conclusive of guilt, [s]he in effect relinquishes the same rights as one who pleads guilty.” Commonwealth v. Hill, 20 Mass. App. Ct. 130, 132 (1985).
cited Cited as authority (rule) Commonwealth v. Hilaire
Mass. App. Ct. · 2001 · confidence medium
See Commonwealth v. Latimore, 378 Mass. 671, 677-678 (1979); Commonwealth v. Hill, 20 Mass. App. Ct. 130, 131 (1985).
cited Cited as authority (rule) Commonwealth v. Thomas
Mass. App. Ct. · 1998 · signal: cf. · confidence medium
Cf. Commonwealth v. Hill, 20 Mass. App. Ct. 130, 132 (1985), as to the distinction between findings based on admitted facts and findings based on evidence.
discussed Cited as authority (rule) Commonwealth v. Garcia
Mass. App. Ct. · 1986 · confidence medium
The question for decision here is whether the defendant effectively stipulated to the truth of facts which constituted all the elements of the offences charged and were conclusive of guilt (see Commonwealth v. Hill, 20 Mass. App. Ct. 130, 130-131, 132 [1985]) or whether he simply stipulated that the Commonwealth’s witnesses would testify in the manner asserted by the prosecutor.
discussed Cited as authority (rule) Commonwealth v. Nydam (2×)
Mass. App. Ct. · 1985 · confidence medium
As in Commonwealth v. Hill, 20 Mass. App. Ct. 130, 132-133 (1985), and in order to forestall a future claim of ineffective assistance of counsel, we are of opinion that the interests of justice are best served by reversing all the judgments, setting aside all the findings of guilty, and remanding the complaints to the jury of six session for further proceedings not inconsistent with the Duquette case or this opinion.
cited Cited "see" Commonwealth v. Mahadeo
Mass. · 1986 · signal: see · confidence high
See Commonwealth v. Hill, 20 Mass. App. Ct. 130, 132 (1985).
discussed Cited "see, e.g." Commonwealth v. Jeanine M. Cappello. (2×)
Mass. App. Ct. · 2024 · signal: see, e.g. · confidence medium
See, e.g., Commonwealth v. Hill, 20 Mass. App. Ct. 130, 132 (1985). 2 Id., quoting Scott, supra at 355 .
Retrieving the full opinion text from the archive…
Commonwealth vs. Mark
v.
Hill
Massachusetts Appeals Court.
May 29, 1985.
478 N.E.2d 169
Andrew Silverman, Committee for Public Counsel Services, for the defendant., Fredric Lee Ellis, Assistant District Attorney, for the Commonwealth.
Brown, Rose, Warner.
Cited by 14 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 80%
Citer courts: D. Massachusetts (2)
Rose, J.

The defendant, Mark V. Hill, appeals from three convictions arising out of the nighttime theft of personal property from a Framingham apartment (theft convictions). He also appeals from a conviction on a charge of being an habitual criminal. G. L. c. 279, § 25. The charges relating to theft and those concerning habitual criminality were tried separately, jury-waived in the Superior Court, to the same judge. The theft charges were tried solely upon a statement of agreed facts (“stipulation”) in which the defendant admitted his intent “to perpetrate a breaking and entering to obtain money” and his actual breaking into, and subsequent theft of property from, the apartment. The stipulation also included admissions that[*131] the defendant fled from the apartment when surprised and that when the police apprehended him they found stolen property on his person as well as a caulking substance on his clothes and hands “consistent with the caulking placed on the door that had been pried open.” The defendant also stipulated that he had voluntarily waived Miranda rights and confessed to the break-in.

1. Effect of the stipulation. The theft trial consisted, in substance, of the prosecutor’s opening statement and the admission in evidence of the stipulation. The judge pronounced the defendant guilty after he read the stipulation. There is no contention that the stipulation contained insufficient evidence to satisfy the Commonwealth’s burden of proving beyond a reasonable doubt every element of the offenses charged. See Commonwealth v. Latimore, 378 Mass. 671, 677-678 (1979). Indeed, it is plain that the stipulation conclusively established the defendant’s guilt. The defendant contends, however, that his stipulation was a de facto guilty plea, and that the judge could not accept it without first ascertaining on the record whether the defendant offered it voluntarily and intelligently. See Commonwealth v. Nolan, 19 Mass. App. Ct. 491, 497 (1985). See also Mass.R.Crim.P. 12(c) (3), 378 Mass. 868 (1979); Commonwealth v. Duquette, 386 Mass. 834, 844-845 (1982). The Commonwealth asserts that the stipulation was not the equivalent of a guilty plea, but rather a strategem to preserve the right to appeal from unfavorable rulings on pretrial motions, and that, pursuant to Commonwealth v. Stevens, 379 Mass. 772, 776 (1980), a “trial judge [is] not required to conduct a special inquiry into the defendant’s understanding and approval of his counsel’s trial strategy.” [1]

In Duquette, the defendant pleaded not guilty but admitted to sufficient facts to warrant a guilty finding. His case was con[*132] tinued without a finding for some time subject to his fulfilling certain conditions, which the defendant never fulfilled. As a result, he was ultimately convicted and sentenced. The Commonwealth argued, and the Supreme Judicial Court agreed, that Duquette’s “admission to sufficient facts constituted a valid basis for conviction [in the absence of jury trial] because it amounted, under the circumstances, to a change of plea from not guilty to guilty.” Commonwealth v. Duquette, 386 Mass, at 841. However, the Supreme Judicial Court also held that such “a guilty plea may not be accepted without an affirmative showing [on the record and in open court] that the defendant acts voluntarily and understands the consequences of his plea.” Ibid.

In Stevens, the trial judge refused to accept a proffered stipulation as to what the Commonwealth’s witnesses would say. [2] The witnesses testified. Stevens, therefore, had a trial at which the Commonwealth was obliged to prove him guilty beyond a reasonable doubt without affirmative assistance from him.

The crucial distinction between Duquette and Stevens is that in Duquette, the defendant conceded the Commonwealth’s case; in Stevens, though no defense was offered, the defendant afforded the Commonwealth no conclusively incriminating admissions. When, as in the present case, a defendant stipulates the truth of facts that are conclusive of guilt, he in effect relinquishes the same rights as one who pleads guilty. Therefore, in accordance with Commonwealth v. Duquette, 386 Mass, at 844-846, that defendant is entitled to the same safeguards that surround the acceptance of a guilty plea. [3] Accordingly, in order to protect these rights, we are here obliged[*133] to reverse all four judgments. [4] In so doing, we express no position as to what safeguards, if any, are appropriate in cases in which a defendant’s stipulation is not conclusive of guilt.

2. Issues likely to arise on retrial. The defendant asserts that the habitual criminal charge must be dismissed because it failed to set forth with specificity the two prior convictions upon which the charge was founded. A charge, such as the one in this case, phrased in the statutory form, see G. L. c. 279, § 25, is sufficiently detailed to apprise the defendant of the particular offense charged. Commonwealths v. McClaine, 367 Mass. 559, 560 (1975). Moreover, should a defendant be mystified by a charge, he may of course move for a bill of particulars. See G. L. c. 277, § 34; Mass.R.Crim.P. 13(b) (1), 378 Mass. 872 (1979). In the absence of such a motion, the opportunities for appellate review are limited. See Commonwealth v. De La Cruz, 15 Mass. App. Ct. 52, 57 (1982). [5]

Accordingly, the judgments are reversed, the findings set aside, and the case is remanded to the Superior Court for further proceedings consistent with this opinion.

So ordered.

1

Both parties have directed our attention to Federal cases that may be viewed as buttressing their respective positions. Many of those cases are distinguishable on their facts from the present case. Those that are factually analogous reflect divisions of opinion among the circuits. In the absence of a discemable line of Federal cases, we are not disposed to look in that direction for guidance. Compare Burger Chef Syss., Inc. v. Servfast of Brockton, Inc., 393 Mass. 287, 289 n.3 (1984).

2

Stevens did not offer to stipulate the truth of the prosecution’s evidence. In contrast, the defendant in the present case not only “agreed” with the stipulation but also admitted his criminal intent. Compare United States v. Lawson, 682 F.2d 1012, 1015 (D.C. Cir. 1982).

3

The inquiry by the judge is to follow the guidelines set forth in Mass.R.Crim.P. 12(c) (3). When, as here, the defendant has made a valid waiver of his right to a jury trial, he need not be readvised of that right. See, e.g., Commonwealth v. Duquette, 386 Mass, at 844-845.

4

One guilty finding has been placed on file. However, because all of the convictions are “tainted by the same improper procedure,” we set that finding aside in the interest of judicial economy. Commonwealth v. Abreu, 391 Mass. 777, 777 n.1, 778 (1984).

5

The contention that offenders must twice serve the minimum sentences described in G. L. c. 279, § 25, in order to be deemed habitual criminals is erroneous. Commonwealth v. Tuitt, 393 Mass. 801, 812 n.11 (1985).