Commonwealth v. Coakley
Commonwealth v. Coakley
Opinion of the Court
On complaints charging him with uttering a forged instrument and larceny, the defendant waived his right to a first instance jury trial and admitted to sufficient facts to warrant a finding of guilty. See Mass.R.Crim.P. 12(a) (3), 378 Mass. 866 (1979). The judge found him guilty and sentenced him to serve concurrent indeterminate terms at M.C.I., Concord. Almost a year later, the defendant, pro se, filed a motion under Mass.R.Crim.P. 30, 378 Mass. 900 (1979), alleging various errors in his sentencing. At the hearing on his motion, the defendant’s court-appointed counsel argued only that the defendant had not been sentenced in accordance with G. L. c. 218, § 31. Although we conclude that § 31 does not apply to the defendant’s sentences, we vacate the order denying his motion for the reasons set out in Commonwealth v. Mele, 20 Mass. App. Ct. 958 (1985).
1. G.L. c. 218, §31.
These contentions “misconstrue the basic tenets of statutory construction. The statutory language, when clear and unambiguous, must be given its ordinary meaning.” Bronstein v. Prudential Ins. Co. of America, 390 Mass. 701, 704 (1984). Even were we to agree with the defendant’s contention that giving the words “jail or house of correction” their ordinary meanings (see and compare G. L. c. 125, § 1 [f], with § 1 [n]; see also G. L. c. 126, § 8) yields an unworkable and illogical result, thereby requiring us to resort to extrinsic aids in interpreting § 31 (see Hashimi v. Kalil, 388 Mass. 607, 610 [1983]; Bronstein v. Prudential Ins. Co. of America, 390 Mass. at 704), we would still conclude that § 31 does not apply to reformatory sentences. Neither the titles of the acts relating to § 31 nor its legislative history gives support to the defendant’s arguments. See Commonwealth v. Graham, 388 Mass. 115, 119-122 (1983); Commonwealth v. Galvin, 388 Mass. 326, 330 (1983). Whether the omission of “reformatory” sentences from § 31 is the result of inadvertence or design is immaterial. See Commonwealth v. Marrone, 387 Mass. 702, 704 (1982); Bronstein v. Prudential Ins. Co. of America, 390 Mass. at 706; Cranberry Realty & Mortgage Co. v. Ackerley Communications, Inc., 17 Mass. App. Ct. 255, 257 (1983).
2. The Duquette colloquy. The Commonwealth conceded at oral argument that under Commonwealth v. Mele, 20 Mass. App. Ct. at 959, the defendant was entitled to the safeguards set forth in Commonwealth v. Duquette, 386 Mass. 834, 845-846, 847 (1982), when he did not claim an appeal to the jury-of-six session. However, the Commonwealth contends that the defendant has waived any claim of error arising out of Duquette and Mele by failing to raise the issue on his motion brought under rule 30. See, e.g., Commonwealth v. Tabor, 376 Mass. 811, 823 n.18 (1978); Commonwealth v. Marchionda, 385 Mass. 238, 242 (1982). But see and compare Albert v. Municipal Court of the City of Boston, 388 Mass. 491, 494 (1983), quoting from Hormel v. Helvering, 312 U.S. 552, 557 (1941).
We think that the defendant’s motion, especially paragraph V (“Defendant maintains that he was denied proper avenue of appeal”), as well as his supporting affidavit set out, albeit inartfully, those very misunderstandings
3. Conclusion. The order denying the defendant’s motion brought under Mass.R.Crim.P. 30 is vacated. The defendant is to be afforded the identical procedures ordered in the last paragraph of Commonwealth, v. Mele, 20 Mass. App. Ct. at 959-960.
So ordered.
General Laws c. 218, § 31, as amended by St. 1978, c. 478, § 190, provides: “No order shall be made for the commitment of a person to a jail or house of correction upon a sentence of more than six months, imposed by a district court, until at least one day after the imposition of such sentence. Before such order is made, he shall be notified of his right to appeal to a jury session of the district courts, and he may exercise such right, as provided by law, until such order is made. This section shall not apply to sentences the execution of which is suspended.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.