Opinion
14-P-643
11-02-2015
TU QUANG NGUYEN v. COMMONWEALTH.
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
The plaintiff in this action served a jail term on three unlawful possession and carrying convictions related to a firearm and ammunition that had been found in the car he was driving. Those convictions were reversed on appeal in an unpublished memorandum and order pursuant to our rule 1:28. See Commonwealth v. Nguyen, 76 Mass. App. Ct. 1137 (2010) (evidence that defendant knowingly possessed firearm and ammunition held insufficient as matter of law). In the current action, the plaintiff seeks damages pursuant to G. L. c. 258D, § 1, for his incarceration on the reversed judgments. Before us now is the Commonwealth's interlocutory appeal of the order denying its motion for judgment on the pleadings.
On October 19, 2015, this court issued its opinion in a case that presents the very same issue as the case before us. See Santana v. Commonwealth, 88 Mass. App. Ct. 553, 555 (2015) (affirming order denying Commonwealth's motion for reconsideration in wrongful conviction case in which judgments regarding possession of narcotics found in car in which plaintiff was a passenger were reversed based on insufficiency of evidence). Because the current case is controlled in all material respects by Santana v. Commonwealth, we affirm the order denying the motion for judgment on the pleadings.
So ordered.
By the Court (Cypher, Milkey & Hanlon, JJ.),
The panelists are listed in order of seniority. --------
Clerk Entered: November 2, 2015.