Summary
The Massachusetts Supreme Judicial Court affirmed the denial, without a hearing, of Gerald Sarantakis’s petition under G. L. c. 211, § 3. The court held that Sarantakis could obtain adequate appellate review of the revocation of his original sentence after resentencing and therefore had not satisfied S.J.C. Rule 2:21.
Topics
Practice areas
Questions Presented
- Whether Sarantakis was entitled to extraordinary relief under G. L. c. 211, § 3, to reinstate his original sentence.
- Whether the ordinary appellate process would provide an adequate remedy for challenging the revocation of his original sentence.
Holdings
- Extraordinary relief was properly denied because Sarantakis failed to show that review of the sentence-revocation issue could not adequately be obtained through the ordinary appellate process or other available means.
Key quotations
“In sum, he has not carried his burden under rule 2:21.” (460 Mass. at 1020)
Factual background
Sarantakis pleaded guilty on the scheduled trial date and received a sentence based on the sentencing judge's mistaken belief that his most recent prior offense had occurred approximately nine years earlier. The Commonwealth then identified two more recent out-of-State convictions, after which the judge revoked the sentence, contemplated allowing withdrawal of the guilty plea, restored the case to the trial list, recused herself, and ordered reassignment to another judge.
Procedural history
Sarantakis pleaded guilty in the District Court to operating while under the influence of alcohol, fourth offense, and other offenses, and was sentenced to a term in the house of correction. After learning of two more recent out-of-State convictions, the judge revoked the sentence, indicated that she would allow withdrawal of the guilty plea, placed the case back on the trial list, recused herself, and directed reassignment. Sarantakis sought reinstatement of his original sentence under G. L. c. 211, § 3; a single justice denied relief without a hearing, and the Supreme Judicial Court affirmed.