Santos v. Commonwealth

The Supreme Judicial Court affirmed the judgment of a single justice of the Court denying Petitioner’s petition pursuant to Mass. Gen. Laws ch. 211, 3, holding that the single justice did not err or abuse her discretion in denying relief.Petitioner was convicted of rape of a child and indecent assault and battery on a child under fourteen years of age. Petitioner later filed his Mass. Gen. Laws ch. 211, 3 petition alleging that the trial court ignored his motion to vacate, set aside, or correct sentence that he claimed to have previously filed. The single justice denied the petition without a hearing. The Supreme Judicial Court affirmed, holding that because it was unclear from the record whether the motion was actually ever received by and filed in the trial court Petitioner was not entitled to relief. View "Santos v. Commonwealth" on Justia Law