Fuentes v. Commonwealth

The petitioner appeals from a judgment of a single justice of this court denying the relief that he sought in a document entitled “Petition for Review to Stay Sentence; Vacate: and Resentence: According to Principles of Plea-*1012Agreement and Grant Credit for Time Serve.” The single justice treated the document as a petition under G. L. c. 211, § 3, and denied it without a hearing. We affirm.

The case was submitted on briefs. Judith Ellen Pietras, Assistant District Attorney, for the Commonwealth. John Fuentes, pro se.

Relief under G. L. c. 211, § 3, is unavailable where there are alternative…