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Commonwealth v. Lopez

Supreme Judicial Court of Massachusetts
Aug 9, 2016
475 Mass. 1005 (Mass. 2016)

Opinion

SJC–12116.

08-09-2016

COMMONWEALTH v. Rafael Flores LOPEZ.

Veronica J. White for the petitioner.


Veronica J. White for the petitioner.

Opinion

RESCRIPT.

Rafael Flores Lopez has been indicted for several crimes including trafficking in cocaine, in violation of G.L. c. 94C, § 32E (b ) (4) ; and committing a drug violation near a school or park, in violation of G.L. c. 94C, § 32J. After a judge in the Superior Court denied his motion to suppress, he applied to a single justice in the county court for leave to pursue an interlocutory appeal pursuant to Mass. R.Crim. P. 15, as appearing in 422 Mass. 1501 (1996). The single justice denied the application, and Lopez now purports to appeal.

The appeal is not properly before us. “A defendant in a criminal case has no right to appeal to the full court from a single justice's denial of an application for leave to appeal.” Commonwealth v. Santry, 469 Mass. 1001, 1001, 14 N.E.3d 166 (2014), and cases cited.

Lopez mistakenly claims that the court “does allow Rule 15 motions and motion to suppress denials to proceed under Rule 2:21.” The authority that Lopez cites in support of this proposition is either inapposite or directly to the contrary. See, e.g., Commonwealth v. Bertini, 466 Mass. 131, 135–136, 993 N.E.2d 654 (2013).

Appeal dismissed. The case was submitted on the papers filed, accompanied by a memorandum of law.


Summaries of

Commonwealth v. Lopez

Supreme Judicial Court of Massachusetts
Aug 9, 2016
475 Mass. 1005 (Mass. 2016)
Case details for

Commonwealth v. Lopez

Case Details

Full title:COMMONWEALTH v. RAFAEL FLORES LOPEZ.

Court:Supreme Judicial Court of Massachusetts

Date published: Aug 9, 2016

Citations

475 Mass. 1005 (Mass. 2016)
475 Mass. 1005