COMMONWEALTH v. ALVES

No. 13-P-1183.

86 Mass. App. Ct. 210 (2014)

COMMONWEALTH v. OCTAVIANO ALVES.

Appeals Court of Massachusetts, Suffolk.

August 27, 2014.


Attorney(s) appearing for the Case

Hung Tran for the defendant.

Amanda Teo , Assistant District Attorney, for the Commonwealth.

Present: KANTROWITZ, AGNES, & HINES, JJ.


AGNES, J.

The single question before us is whether the proper remedy for a clerical error that results in the issuance of a criminal complaint against a person who not only did not commit the crime, but also was never the intended target of the police investigation, is to seal the record pursuant to G. L. c. 276, § 100C. In the unusual circumstances of this case, we conclude that even though the error was not corrected until the eve of trial when the complaint...

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