Court Case Record COMMONWEALTH vs. CHERYL GILLETTE 2012-P-0287


Court Case Number: 2012-P-0287

Case Number2012-P-0287
Case TypeCriminal
StateMassachusetts, MA
CountyPeabody District, ES
CourtPeabody District, ES
Court Address
Field Date09/14/2010
Close Date01/31/2013


Elin H. Graydon, A.D.A. Catherine P. Sullivan, A.D.A.CommonwealthPlaintiff/Appellee
Richard S. Jacobs, EsquireCheryl GilletteDefendant/Appellant
Entry Date Paper Entry Text
02/22/2012 #1 Transcripts received: volumes: 1; sets: 2 sets (1 CD) in Clerk's envelope.
02/22/2012 #2 Entered.
02/22/2012 #3 Notice of entry sent.
02/29/2012 #4 MOTION to stay, filed by Cheryl Gillette.
02/29/2012 #5 SERVICE of brief & appendix for Defendant/Appellant Cheryl Gillette.
03/09/2012 #6 Notice of appearance of Catherine P. Sullivan for Commonwealth.
03/09/2012 #7 OPPOSITION to paper #3, filed by Commonwealth.
03/12/2012 #8 Reply to opposition to motion for a stay pending appeal (#6), filed by Cheryl Gillette.^
03/16/2012 #9 MEMORANDUM AND ORDER: On January 11, 2011, the defendant pleaded guilty in District Court to one count of shoplifting, third offense, G. L. c. 266, ยง 30A. She received a suspended sentence of two years, with two years probation. After she was charged with various subsequent crimes, the Commonwealth moved to revoke her probation. At a detention hearing, the defendant indicated her desire - against the advice of her counsel - simply to have the suspended sentence imposed. After conducting a colloquy, the judge imposed the suspended sentence. The following day, the defendant had a change of heart and filed a motion to revise and revoke her sentence, which was denied. She then filed a motion for a new probation revocation hearing based on the alleged inadequacy of the colloquy through which she waived her rights. That motion was denied, and she has appealed the denial of that motion. Before me is the defendant's motion to stay execution of the sentence pending appeal pursuant to Mass. R. App. P. 6. Having reviewed the defendant's motion, the Commonwealth's opposition, the defendant's reply to the Commonwealth's opposition, and the defendant's appellate brief, I conclude that the defendant has not demonstrated a sufficient likelihood of success on the merits to justify her release pending appeal. See Commonwealth v. Allen, 378 Mass. 489, 498 (1979). In addition, in light of the defendant's criminal history, I disagree with the defendant's assertion that "[q]uestions of security also favor [her] release." Finally, I note that the defendant's claim that she is the primary caretaker for her son who has cancer is unsupported by an affidavit and disputed by the Commonwealth. See Mass. R. App. P. 6(b)(1) (requiring an affidavit as to facts that are "subject to dispute"). The motion for a stay is therefore denied (Milkey, J.). Notice/attest/Nestor, J.
03/30/2012 #10 MOTION to extend brief due date of Commonwealth.
04/02/2012 #11 RE#9: Extension to 05/02/2012 granted for filing of brief of Commonwealth, Plaintiff/Appellee. Notice to counsel.
05/10/2012 #12 MOTION to file brief late, filed by Commonwealth.
05/10/2012 #13 Motion to expand the record, filed by Commonwealth.
05/11/2012 #14 RE#10: Allowed. The Commonwealth's brief is accepted for filing this date. Notice
05/11/2012 #15 SERVICE of brief for Plaintiff/Appellee Commonwealth.
05/11/2012 #16 RE#11: Allowed for filing for the reasons stated in the motion; subject to possible further action by the panel designated to decide this appeal. Notice ^
05/14/2012 Letter pursuant to MRAP 16(l) filed by Commonwealth.^
05/23/2012 SERVICE of reply brief for Defendant/Appellant Cheryl Gillette.
09/11/2012 Notice sent seeking information on unavailability for oral argument in November 2012
10/04/2012 Notice of 11/09/2012, 9:30 AM argument at John Adams Courthouse, Courtroom 3 (a3) sent.
11/09/2012 Oral argument held. (Meade, J., Sikora, J., Carhart, J.).
01/03/2013 Decision: Rule 1:28 (Meade, Sikora, Carhart, JJ.). Order denying motion for new probation violation hearing affirmed. *Notice.