Court Case Record Commonwealth vs. Kelly Percy 2010-J-0550

Commonwealth vs. Kelly Percy Court Case Record

Court Case Number: 2010-J-0550

Case Number2010-J-0550
Case TitleCommonwealth vs. Kelly Percy
Case TypeCriminal
StateMassachusetts, MA
CountyWoburn District, MI
CourtWoburn District, MI
Court Address
Field Date12/02/2010
Close Date12/09/2010


James W. Sahakian, EsquireCommonwealthPlaintiff/Respondent
Louis C. Cashiola, EsquireKelly PercyDefendant/Petitioner
Entry Date Paper Entry Text
12/02/2010 #1 Motion to waive entry fee, filed by Kelly Percy, is allowed.
12/02/2010 #2 MOTION for stay under MRAP 6(A) w/attach, filed by Kelly Percy.
12/09/2010 #3 ORDER: Upon consideration of the defendant's motion to stay execution of the monetary element (fines and fees of $625) pursuant to Mass. R. App. P. 6(a), and upon notice from the Commonwealth of its waiver of opposition to the motion, the court ALLOWS the requested stay of payment through the pendency of the appeal. The court acknowledges the expectation of discretion for the sentencing judge in circumstances of penalties blending incarceration and fines. If Mass. R. Crim. P. 31(c) left any room for such discretion, the reviewing court would respect its exercise. However, the mandatory terms of Rule 31(c) appear to eliminate any room for discretion. "[T]he sentence [comprised of "fines or costs"] shall be stayed by the judge imposing it or by a single justice of the court that will hear the appeal if there is a diligent perfection of the appeal." (Emphasis supplied). Thus far the defendant has proceeded diligently. (Docket shows conviction on August 3, 2010, and entry of notice of appeal on same day.) If the present diligence declines, the Commonwealth may move to lift the stay. (Sikora, J.). Notice/attest/ Yee, J./image