Opinion
15-P-194
03-04-2016
JOSEPH A. PHILLIPS, petitioner.
NOTICE: Summary decisions issued by the Appeals Court pursuant to its rule 1:28, as amended by 73 Mass. App. Ct. 1001 (2009), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such 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. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
We affirm the judgment of the Superior Court dismissing the petitioner's habeas corpus petition. As the respondent explains at pages ten to fifteen of his brief, the sentencing judge imposed sentence on the three indictments alleging indecent assault and battery on a child under fourteen years of age, indictment nos. 92316, 92317, and 92318, of nine to ten years on each, to run concurrently with each other from and after the petitioner's release from the Massachusetts Correctional Institution at Concord (MCI-Concord). Moreover, in an earlier appeal, this court has already concluded that the three nine-to-ten year sentences were to be served from and after his release from MCI-Concord. See Commonwealth v. Phillips, 79 Mass. App. Ct. 1117 (2011). For these and the other reasons explained by the respondent in his brief, the petition was properly dismissed.
Judgment affirmed.
By the Court (Green, Milkey & Henry, JJ.),
The panelists are listed in order of seniority. --------
/s/
Clerk Entered: March 4, 2016.