Court Case Record COMMONWEALTH vs. GERALDO CARBUCIA 2011-P-0497


Court Case Number: 2011-P-0497

Case Number2011-P-0497
Case TypeCriminal
StateMassachusetts, MA
CountyBoston Municipal, Roxbury Div.
CourtBoston Municipal, Roxbury Div.
Court Address
Field Date01/07/2008
Close Date08/06/2012


John P. Zanini, A.D.A. Janis DiLoreto Smith, A.D.A.CommonwealthPlaintiff/Appellee
Benjamin Cook, Esquire Withdrawn Dorothy A. Mele, CPCS assignment supervisor Inactive Jacob B. Stone, EsquireGeraldo CarbuciaDefendant/Appellant
Entry Date Paper Entry Text
03/21/2011 #1 Transcripts received: vols: 1; sets: 2 in Clerk's envelope.
03/21/2011 #2 Entered.
03/21/2011 #3 Notice of entry sent.
04/19/2011 #4 SERVICE of brief & appendix for Defendant/Appellant Geraldo Carbucia.
05/19/2011 #5 Notice of appearance of Janis DiLoreto Noble for Commonwealth.
05/19/2011 #6 Commonwealth's MOTION to enlarge the time to file a brief.
05/19/2011 #7 RE#4: Extension to 08/05/2011 granted for filing of brief of Commonwealth, Plaintiff/Appellee. Notice to counsel.
06/29/2011 #8 MOTION to withdraw as counsel for Commonwealth, filed by Benjamin Cook.
06/29/2011 #9 RE#5: Allowed. Attorney Cook is permitted to withdraw. CPCS is to appoint counsel forthwith. Appellate proceedings are stayed to 8/1/11, by when CPCS or successor counsel shall serve and file a notice of appearance and a status report. *Notice/CPCS.
07/06/2011 #10 Letter of C.P.C.S. re assignment of Jacob B. Stone, Esquire as counsel for Geraldo Carbucia.
07/06/2011 #11 Notice of appearance of Jacob B. Stone for Geraldo Carbucia.
07/06/2011 #12 Status Report, filed by Geraldo Carbucia.
07/06/2011 #13 RE#8: Stay vacated. Extension to 08/16/2011 granted for filing of brief of Geraldo Carbucia, Defendant/Appellant. Notice to counsel.
07/14/2011 #14 Status Report, filed by Geraldo Carbucia.
07/14/2011 #15 RE#9: Noted. The Commonwealth's brief shall be filed on or before 8/15/2011.. *Notice.
07/19/2011 #16 Letter from Janis DiLoreto Noble, A.D.A. re: unavailable between September 1 and September 9, 2011, and on October 3, 4 and 5, 2011.
08/03/2011 Memo: Notice of docket entry RE#5 - mailed to Benjamin Cook, Esq. - RTS - Not deliverable as addressed - unable to forward. "Atty. is Withdrawn"
08/16/2011 SERVICE of brief for Plaintiff/Appellee Commonwealth.
08/25/2011 Motion to deem the late notice of appeal timely filed, filed by Geraldo Carbucia.
08/30/2011 RE#12: Allowed. The notice of appeal filed on March 5, 2009, is deemed timely filed, nunc pro tunc, as to the trial court's determination made at the defendant's final surrender hearing on February 2, 2009. (Rubin, J.). *Notice/attest
01/30/2012 Under consideration by Panel. (Berry, J., Kafker, J., Mills, J.).
04/19/2012 MEMORANDUM AND ORDER: On November 26, 2008, the defendant admitted to sufficient facts with respect to the offense of possession of crack cocaine. The case was continued without a finding, and the defendant was placed on probation for twelve months. On December 30, 2008, a notice of probation violations issued based on the defendant's failures to report to his probation officer, to comply with required drug and alcohol testing, and to make required payments -- all of which were terms of his probation. A probation revocation hearing was held on February 2, 2009. On that date, the judge found that the defendant had violated the terms of his probation by twice failing to report to his probation officer, failing to comply with required drug and alcohol testing, and failing to make required payments. As a result, the judge vacated the continuance without a finding, entered a finding of guilty, and sentenced the defendant to probation with the same terms, conditions, and end date. The defendant did not file a notice of appeal from the February 2, 2009, order until March 5, 2009. This notice of appeal, filed thirty-one days after the order, was not timely. See Mass.R.A.P. 4(b), as amended, 431 Mass. 1601 (2000). The appeal, therefore, is not properly before us.(1) Appeal dismissed. (Berry, Kafker & Mills, JJ.) *Notice/Attest. Footnote: (1) For reasons that are not clear, the lower court docket reflects that after the notice of appeal was filed, the judge appeared to consider the notice of appeal as a motion to reconsider, and scheduled a hearing for April 24, 2009. The defendant failed to appear at the hearing and the matter was taken off the list. These proceedings did not serve to extend the time for filing the notice of appeal from the February 2, 2009, order revoking probation.