COMMONWEALTH v. MCCULLOCH


450 Mass. 483 (2008)

COMMONWEALTH v. JUDITH L. McCULLOCH.

Supreme Judicial Court of Massachusetts, Suffolk.

January 24, 2008.


Attorney(s) appearing for the Case

Kenneth E. Steinfield, Assistant District Attorney, for the Commonwealth.

Marc C. Laredo for the defendant.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & BOTSFORD, JJ.


SPINA, J.

In this appeal from the denial of the Commonwealth's petition for relief under G. L. c. 211, § 3, by a single justice of this court, we consider whether a District Court judge had the authority pursuant to Mass. R. Crim. P. 29, 378 Mass. 899 (1979), to vacate his finding of guilt on a criminal complaint and enter a continuance without a finding conditioned on a defendant's payment of restitution. We conclude that the judge possessed no such authority...

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