Jones v. Commonwealth

The petitioner, Timothy Jones, appeals from a judgment of a single justice of this court denying without prejudice his petition pursuant to G. L. c. 211, § 3. We affirm.

The petitioner was convicted of (among other offenses) armed kidnapping with sexual assault in violation of G. L. c. 265, § 26, and sentenced to from twenty-five to thirty years in the State prison. He sought review of the sentence in the Appellate Division of the Superior Court, pursuant to G. L. c. 278, § 28B, arguing that the sentence was unlawful because it exceeded the maximum term of years permitted under G. L. c. 265, §…