Supreme Judicial Court -- January 13, 2012
Procedural History:
The Defendant was convicted of numerous offenses including armed kidnapping with sexual assault and received a sentence of twenty-five to thirty years in State Prison. Petitioner sought review of his sentence with the Appellate Division of the Superior Court, arguing that the sentence was unlawful under G.L. c. 265 § 6 because it exceeded the maximum number of years under the statute. Petitioner also filed a motion for release from unlawful restraint arguing that a thirty year sentence for kidnapping was unlawful under Mass. R. Crim. P. 30 (a). Both filings were denied without prejudice and he filed notices of appeals from both denials.
Issue:
Did the court abuse it's discretion by denying the Defendant's motions?
Holding:
No. The judge did not abuse his discretion in denying the motions without prejudice and allowing the sentence to stand. The Court also held that the petitioner failed to demonstrate that he had no other avenue of appellate review, since he can still challenge his sentence in his direct appeal and by appealing the denial of his Rule 30 motion.
Judgment:
Affirmed. (HT)
