Opinion
SJC-13261
06-22-2022
JORGE SANCHEZ v. COMMONWEALTH.
Thomas Combs & Korrina Burnham, Committee for Public Counsel Services, for Jorge Sanchez. Aimee Rose Maldonado, Assistant District Attorney, for the Commonwealth.
Thomas Combs & Korrina Burnham, Committee for Public Counsel Services, for Jorge Sanchez.
Aimee Rose Maldonado, Assistant District Attorney, for the Commonwealth.
Moot Question.
Jorge Sanchez appeals from a judgment of the county court denying, without a hearing, his petition for relief under G. L. c. 211, § 3. We dismiss the appeal as moot.
Sanchez was charged in the District Court with rape and other offenses. At his bail hearing, he requested a probable cause hearing on the ground that rape is an offense outside the District Court's jurisdiction. See G. L. c. 276, § 38; Commonwealth v. Perkins, 464 Mass. 92, 98, 103 (2013) (statute "provides for a probable cause hearing in cases where a defendant is charged with a crime in the District Court that lies beyond the jurisdiction of that court and for which the defendant is entitled to be proceeded against by indictment"; "probable cause hearing is to be held as soon as reasonably practicable in the circumstances presented"). His request was denied. Instead, a pretrial conference was scheduled. Sanchez's G. L. c. 211, § 3, petition sought relief from the denial of a probable cause hearing. After the single justice denied relief, the defendant again requested, and was granted, a probable cause hearing date. Sanchez has thus received the specific relief he was seeking in his petition, rendering this appeal moot. See Santiago v. Young, 446 Mass. 1006, 1006 (2006) .
The Commonwealth has since entered a nolle prosequi as to the rape charge.
Appeal dismissed.