Commonwealth v. DeJesus

The Commonwealth appeals from a judgment of a single justice of this court denying its petition under G. L. c. 211, § 3. The Commonwealth had sought an order to vacate a District Court judge’s allowance of the defendant’s motion to revise or revoke his sentence. The defendant did not file a supporting affidavit or otherwise provide any reason for his motion until approximately eighteen months after his sentence was *148imposed, and some six months after the sentence itself was completed. Because the motion was devoid of any support, we conclude that it was inadequate for purposes of Mass. R.…