Sarantakis v. Commonwealth
Sarantakis v. Commonwealth
Opinion of the Court
Gerald Sarantakis appeals from a judgment of a single justice of this court denying, without a hearing, his petition for relief under G. L. c. 211, § 3. We affirm the judgment.
Sarantakis was charged in the District Court with operating while under the influence of alcohol, fourth offense, and other offenses. On the day scheduled for trial, he pleaded guilty and was sentenced to a term in the house of correction. At the time she imposed the sentence, the judge mistakenly believed that Saran-takis’s most recent prior offense had occurred some nine years earlier. However, it soon came to light that Sarantakis apparently had two more recent out-of-State convictions. As a result, the same day as the sentencing hearing, the Commonwealth filed a motion, purportedly under Mass. R. Crim. R 29, 378 Mass. 899 (1979), asking the judge to exercise her discretion sua sponte to revise or revoke the sentence.
The case is before us on Sarantakis’s memorandum pursuant to SJ.C. Rule 2:21, as amended, 434 Mass. 1301 (2001), which requires him to “set forth the reasons why review of the trial court decision cannot adequately be obtained on appeal from any final adverse judgment in the trial court or by other available means.”
Judgment affirmed.
The Commonwealth has since acknowledged that Mass. R. Crim. R 29, 378 Mass. 899 (1979), contains no language authorizing the Commonwealth to file such a motion.
Sarantakis also claimed (and continues to claim) that the judge purported to revoke his plea, not just his sentence. This claim is unsupported in the record.
The rule also requires Sarantakis to file a record appendix enabling us to decide the matter “on the papers filed in the single justice session.” S.J.C. Rule 2:21 (2), as amended, 434 Mass. 1301 (2001). Sarantakis did not provide a complete record appendix, but only included some materials from the District Court. We remind litigants that in an appeal from a decision of a single justice, the record appendix must fairly present the proceedings in the single justice session.
Reference
- Full Case Name
- Gerald Sarantakis v. Commonwealth
- Status
- Published