COMMONWEALTH v. DeJESUS


440 Mass. 147 (2003)

COMMONWEALTH vs. ANTONIO DeJESUS.

Supreme Judicial Court of Massachusetts, Suffolk.

September 12, 2003.


Attorney(s) appearing for the Case

Robert C. Thompson, Assistant District Attorney, for the Commonwealth.

David P. Sorrenti for the defendant.

Present: Marshall, C.J., Greaney, Ireland, Cowin, Sosman, & Cordy, JJ.


IRELAND, J.

The Commonwealth appeals from a judgment of a single justice of this court denying its petition under G. L. c. 211, § 3. The Commonwealth had sought an order to vacate a District Court judge's allowance of the defendant's motion to revise or revoke his sentence. The defendant did not file a supporting affidavit or otherwise provide any reason for his motion until approximately eighteen months after his sentence was

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