Commonwealth v. Fling

The defendant appeals from his convictions solely on the basis of a purported violation of Mass.R.Crim.P. 36, 378 Mass. 909 (1979). He also appeals from a postjudgment order allowing the Commonwealth’s motion to correct the record pursuant to Mass.R.A.P. 8(e), as amended, 378 Mass. 932 (1979). The question presented by his consolidated appeals is whether the record was properly amended by the taking of evidence to supplement the docket entries to explain the various delays in bringing the matter to trial. The judge did not err in allowing the record to be supplemented, and the amended record…