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Court Case Record COMMONWEALTH vs. JOSE TORRES 2011-J-0387 UID(cbec)


COMMONWEALTH vs. JOSE TORRES Court Case Record

Court Case Number: 2011-J-0387


 
Case Number2011-J-0387
Case TitleCOMMONWEALTH vs. JOSE TORRES
Case TypeCriminal
StateMassachusetts, MA
CountyHampden
CourtHampden Superior Court
Court Address
Phone
Field Date09/01/2011
Close Date09/14/2011

Parties

CounselNameType
Jane Davidson Montori, Assistant District AttorneyCommonwealthPlaintiff/Respondent
Jose TorresPro Se Defendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
09/01/2011 #1 Appeal entered pursuant to M.G.L.c. 261, § 27(D) with attachments.
09/08/2011 #2 ORDER: The defendant appeals from a denial of his motion for waiver of a $90.00 victim witness fee, and $150.00 legal counsel fee, imposed by the Hampden Superior Court. General Law c. 261, § 27(c)(4) states, in relevant part: The court shall not deny any request without first holding a hearing thereon; and if there is an appeal pursuant to section twenty-seven D following a denial, the court shall, within three days, set forth its written findings and reasons justifying such denial, which document shall be part of the record on appeal. Since the record does not show that a hearing occurred, nor were findings expressly made, the appeal is vacated as premature and remanded to the Hampden Superior Court for the defendant to be heard as to his request for waiver of the fees. If the motion is denied, and a timely notice of appeal is filed, the trial judge shall prepare written findings and reasons for the denial pursuant to the statute. A copy of said findings and reasons are to be included with any new assembly. ( Cypher, J.) *Notice/Attest/Kinder, J.
09/14/2011 #3 ORDER: Upon further review, the defendant's appeal, pursuant to G. L. c. 261, § 27C, of the denial of his motion for waiver of the $90.00 victim witness fee, and $150.00 legal counsel fee, imposed by a judge of the Hampden Superior Court, is dismissed for the reason that assessments imposed in accordance with the mandate of G. L. c. 258B, § 8 (victim witness assessment) and G. L. c. 211D, § 2 (legal counsel fee) are not court costs or fees within the meaning of G. L. c. 261, § 27A. Accordingly, the order dated September 8, 2011, remanding the matter for a hearing on the defendant's motion is vacated, and the appeal is dismissed (Cypher, J.). Notice/attest/Kinder, J.