Court Case Record COMMONWEALTH vs. CEDRIC A. MOTEN 2011-P-1641


Court Case Number: 2011-P-1641

Case Number2011-P-1641
Case TypeCriminal
StateMassachusetts, MA
CountyBoston Municipal
CourtBoston Municipal
Court Address
Field Date06/19/2008
Close Date01/10/2013


John P. Zanini, A.D.A. Inactive Sarah Montgomery Lewis, A.D.A.CommonwealthPlaintiff/Appellee
Thomas E. Hagar, EsquireCedric A. MotenDefendant/Appellant
Entry Date Paper Entry Text
09/21/2011 #1 Transcripts received: volumes: 7; sets: 1 CD in Clerk's envelope.
09/21/2011 #2 Entered.
09/21/2011 #3 Notice of entry sent.
11/14/2011 #4 MOTION to extend brief & appendix due date, filed by Cedric A. Moten.
11/14/2011 #5 RE#2: Extension to 01/06/2012 granted for filing of brief of Cedric A. Moten, Defendant/Appellant. Counsel is advised that motions to enlarge are to be filed prior to the due date of the brief. Notice to counsel.
01/31/2012 #6 MOTION to extend brief & appendix due date, filed by Cedric A. Moten.
01/31/2012 #7 RE#3: Brief of Cedric A. Moten, Defendant/Appellant, is allowed for filing this date. Notice to counsel.
01/31/2012 #8 SERVICE of brief & appendix for Defendant/Appellant Cedric A. Moten.
03/01/2012 #9 MOTION to extend brief due date of Commonwealth.
03/01/2012 #10 Notice of appearance of Sarah H. Montgomery for Commonwealth.
03/02/2012 RE#5: Extension to 04/30/2012 granted for filing of brief of Commonwealth, Plaintiff/Appellee. Notice to counsel.
04/27/2012 MOTION to extend brief due date of Commonwealth.
04/30/2012 RE#7: Extension to 06/01/2012 granted for filing of brief of Commonwealth, Plaintiff/Appellee. Notice to counsel.
05/31/2012 SERVICE of brief for Plaintiff/Appellee Commonwealth.
12/17/2012 Under consideration by Panel. (Vuono, J., Grainger, J., Wolohojian, J.).
01/10/2013 ORDER OF DISMISSAL: The defendant, Cedric Moten, purports to appeal from a verdict of guilty by a jury in the District Court for possession of marijuana.(1) For the reasons set forth in the Commonwealth's brief, at pages 14 et seq., the appeal relating to marijuana possession is not properly before us. The conviction was placed on file for six months following the trial with the defendant's consent. Absent a sentence we are confronted here neither with a final conviction nor any "exceptional circumstances" that would merit our consideration. See Commonwealth v. Delgado, 367 Mass. 432, 438 (1975); Commonwealth v. Hines, 449 Mass. 183, 184 n.1 (2007); Commonwealth v. Depietro, 35 Mass. App. Ct. 638, 639 n.1 (1993). Even were the issue before us it would not avail the defendant. There was ample evidence for the judge to instruct on the lesser included offense of marijuana possession, even were we to accept the defendant's argument (which we do not) that it was error to deny his motion for a required finding of not guilty on the charge of possession of marijuana with intent to distribute.(2) Appeal dismissed. (Vuono, Grainger & Wolohojian, JJ.) *Notice/Attest. Footnotes: (1) The jury returned verdicts of not guilty of two firearm charges and a school zone violation. The defendant was also found guilty of possession of ammunition, but has not appealed from that conviction. (2) The marijuana was found in a basket in a closet in the defendant's bedroom, which also contained personal papers of the defendant.
02/06/2013 Motion to stay issuance of rescript, filed by Cedric A. Moten.^
02/07/2013 RE#10: No action necessary (Vuono, Grainger, Wolohojain, JJ.). *Notice.