Commonwealth v. Ortiz-Dejesus
Commonwealth v. Ortiz-Dejesus
Opinion of the Court
The defendant appeals from an order revoking his probation. He contends that the judge improperly considered unreliable hearsay. We affirm.
Background. In December, 2014, the defendant was charged with, among other things, driving under the influence of intoxicating liquor (OUI). In February, 2015, the defendant admitted to sufficient facts for a guilty finding on the OUI charge and the case was continued without a finding for two years. In September, 2015, while on probation, the defendant was charged with assault and battery on a family or household member (first assault and battery charge). This case was continued without a finding and the defendant's existing probationary period was extended.
In November, 2016, the defendant was charged with assault and battery by means of a dangerous weapon and assault and battery on a family or household member (second assault and battery charge), his girl friend, whom we shall call Claudia. At the defendant's surrender hearing, the judge, after listening to the testimony of three witnesses, found that the defendant had violated the terms of his probation. The judge revoked the defendant's continuances without a finding, entered guilty findings, and sentenced the defendant to two years in the house of correction on the OUI charge and eighteen months in the house of correction on the first assault and battery charge, to be served concurrently. The defendant filed a timely notice of appeal. While this appeal was pending, the defendant was tried before a jury and convicted on both counts of the second assault and battery charge, which had served as the underlying basis for the revocation of the defendant's probation.
Mootness. A probationer who has subsequently been convicted of, or who pleads guilty to, the crimes that formed the basis of his probation revocation, is prohibited from later arguing on appeal that the judge erred in factually determining that the probationer violated his probation. See Commonwealth v. Milot,
Merits. Even if this issue were not moot, the judge did not abuse his discretion in revoking the defendant's probation. See generally Commonwealth v. Bukin,
The judge acted within his discretion when he chose to credit the officer's report and discredit the subsequent recantation. See Commonwealth v. Patton,
Order revoking probation and imposing sentence affirmed.
The defendant maintains that the officer's testimony regarding the child's 911 call was unreliable hearsay, and that Commonwealth v. Joubert,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.