Commonwealth v. Nylander

Full title: COMMONWEALTH v. ISAAC NYLANDER.

Court: COMMONWEALTH OF MASSACHUSETTS APPEALS COURT

Date published: Nov 13, 2014

13-P-338 (Mass. App. Ct. Nov. 13, 2014)

Opinion

13-P-338

11-13-2014

COMMONWEALTH v. ISAAC NYLANDER.

By the Court (Green, Rubin & Agnes, JJ.), Clerk

NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.

MEMORANDUM AND ORDER PURSUANT TO RULE 1:28

The defendant appeals from the denial of his third postconviction motion for a new trial. We discern no error in the denial, and affirm the order.

As a threshold matter, we observe that the defendant's notice of appeal, filed several days after the thirty-day deadline and without benefit of an enlargement of time, was untimely. We also observe that the defendant has not furnished a copy of the trial transcript or otherwise furnished a record adequate to permit review of his claims of error.

In any event, we discern in the defendant's arguments no grounds for relief, for substantially the reasons articulated in the Commonwealth's brief. As to the defendant's observation that indictment number 067908 incorrectly named the victim's mother as the victim, we discern no prejudice to the defendant resulting from the error (which appears to have gone unnoticed throughout the trial and the defendant's direct appeal). The jury were instructed repeatedly that there was a single victim, and the defendant's conviction of the offense charged in indictment number 067908 was reversed on appeal for reasons unrelated to the indictment. See Commonwealth v. Nylander, 26 Mass. App. Ct. 784, 788, 793 (1989).¹

1 The defendant was not retried on that indictment following the reversal.

Order entered January 10, 2013, denying motion for new trial, affirmed.

By the Court (Green, Rubin & Agnes, JJ.),

Clerk Entered: November 13, 2014.