Starks v. Commonwealth
Annotate this CasePetitioner was convicted of two counts of assault and battery on a police officer, resisting arrest, disturbing the peace, and disorderly conduct. More than twenty months after he was sentenced, Petitioner filed a motion with the Appellate Division of the superior court requesting that the Appellate Division accept an appeal of his sentences to the house of correction. See Mass. Gen. Laws ch. 278, 28A-28C. The motion was denied. Petitioner then filed a petition pursuant to Mass. Gen. Laws ch. 211, 3. A single justice of the Supreme Judicial Court denied relief. The Supreme Judicial Court affirmed, holding that the challenged sentences were not within the jurisdiction of the Appellate Division because the sentence was not a felony sentence to the State prison.
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