COMMONWEALTH v. COWIE


404 Mass. 119 (1989)

533 N.E.2d 1329

COMMONWEALTH vs. STEPHEN J. COWIE.

Supreme Judicial Court of Massachusetts, Middlesex.

February 13, 1989.


Attorney(s) appearing for the Case

Wendy Sibbison for the defendant.

David R. Marks, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


LYNCH, J.

The defendant appeals from the denial of his motion pursuant to Mass. R. Crim. P. 30 (a), 378 Mass. 900 (1979), which he filed as a mechanism to obtain appellate review he lost by failing to file a timely appeal within the thirty-day period prescribed by Mass. R.A.P. 4 (b), as appearing in 378 Mass. 924 (1979). The judge denied the defendant's motion on the ground that, unless the original sentence was illegal, there was no authority under rule 30 (a) to...

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