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Massachusetts Superior Court Rule 64: Appellate Division. Procedure and Forms

[Disclaimer]

Appeals to the appellate division, under G.L. Chapter 278, as amended, shall be signed by the person sentenced, on forms herein established to be furnished by the clerk.

Upon the imposition of a sentence which may be reviewed, the clerk shall forthwith advise the person sentenced of his right, within ten days to appeal to the appellate division for a review of the sentence or sentences imposed, notwithstanding that the execution of such sentence or sentences is stayed pending appeal or suspended with a term of probation, and shall make an entry on the docket that the person has been so advised.

The clerk shall forthwith notify the justice who imposed the sentence, of any appeal, and likewise shall notify the appellate division of any appeal.

If new process issues as a result of action by the appellate division, it shall recite the original sentence, sentences or disposition and set forth any amendment thereof.

The clerk of the appellate division shall send notice of the final action by the appellate division to the appellant, the superintendent of the correctional institution in which the appellant is confined, the clerk of the court in which judgment was rendered, the justice who imposed the sentence appealed from and the chief justice.

The appellate division shall hear appeals for the review of sentences only in those cases in which a claim of appeal has been filed within ten days after the date of the imposition of sentence.

The forms for appeal under the provisions of G.L. Chapter 278, Section 28B, shall be as follows:

COMMONWEALTH OF MASSACHUSETTS

SUPERIOR COURT

______________,SS.

No.______________

COMMONWEALTH

v.

___________________

APPEAL FROM SENTENCE TO MASSACHUSETTS CORRECTIONAL INSTITUTION, CEDAR JUNCTION

The defendant hereby appeals to the Appellate Division of the Superior Court for a review of a sentence to the Massachusetts Correctional Institution, Cedar Junction, imposed in the Superior Court sitting within and for the County of ___________ by Justice ____________ on the day of __________, 20__.

______________________

Signature of Defendant

___________, 20__.

Note: This appeal must be filed within ten days of imposition of sentence.

In cases in which a sentence was imposed in accordance with a recommendation agreed to by or on behalf of the defendant, the Appellate Division will not normally hold a hearing but will consider the appeal solely on the basis of the record.

COMMONWEALTH OF MASSACHUSETTS

SUPERIOR COURT

 

______________,SS.

No.______________

COMMONWEALTH

v.

___________________

APPEAL FROM SENTENCE OF MORE THAN FIVE YEARS TO MASSACHUSETTS CORRECTIONAL INSTITUTION, FRAMINGHAM

The defendant hereby appeals to the Appellate Division of the Superior Court for a review of a sentence to the Massachusetts Correctional Institution, Framingham, imposed in the Superior Court sitting within and for the County of ___________ by Justice ____________ on the day of __________, 20__.

______________________

Signature of Defendant

___________, 20__.

Note: This appeal must be filed within ten days of imposition of sentence.

In cases in which a sentence was imposed in accordance with a recommendation agreed to by or on behalf of the defendant, the Appellate Division will not normally hold a hearing but will consider the appeal solely on the basis of the record.

(Applicable to criminal cases)

As amended, effective July 1, 1986