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Vega v. Commonwealth

Supreme Judicial Court of Massachusetts
Mar 27, 1997
677 N.E.2d 218 (Mass. 1997)

Opinion

March 27, 1997.

Supreme Judicial Court, Superintendence of inferior courts.

The case was submitted on briefs.

Kelly Ann Downes, Assistant District Attorney, for the Commonwealth.

Richard H. Gens, for the defendant.


Ramon Vega (defendant) has appealed from the denial by a single justice of this court of his petition for relief under G. L. c. 211, § 3. The defendant contended that he had been convicted and sentenced on a criminal complaint in violation of the requirement imposed by Commonwealth v. Duquette, 386 Mass. 834, 846-847 (1982). It is clear that the defendant had other remedies available to him which make relief under G. L. c. 211, § 3, inappropriate. The defendant's claim does not meet the two-part test set forth in Morrissette v. Commonwealth, 380 Mass. 197, 198 (1980). "The single justice did not reserve and report the issue; nor did he decide the issue. He merely denied relief pursuant to G. L. c. 211, § 3. This appeal therefore is not properly before us." Nettis v. Commonwealth, 415 Mass. 1001, 1001 (1993). See McClain v. Commonwealth, 421 Mass. 1005 (1995).

Appeal dismissed.


Summaries of

Vega v. Commonwealth

Supreme Judicial Court of Massachusetts
Mar 27, 1997
677 N.E.2d 218 (Mass. 1997)
Case details for

Vega v. Commonwealth

Case Details

Full title:RAMON VEGA vs . COMMONWEALTH

Court:Supreme Judicial Court of Massachusetts

Date published: Mar 27, 1997

Citations

677 N.E.2d 218 (Mass. 1997)
424 Mass. 1016