Com. v. Carrillo
| Court | Appeals Court of Massachusetts |
| Citation | 361 N.E.2d 415,5 Mass.App.Ct. 812 |
| Decision Date | 14 April 1977 |
Page 415
v.
Ernest Robert CARRILLO.
Appeals Court of Massachusetts.
Page 416
[5 Mass.App.Ct. 813] Richard J. Hayes, South Boston, for defendant.
James W. Sahakian, Special Asst. Dist. Atty. (Peter W. Agnes, Jr., Asst. Dist. Atty., with him), for the Commonwealth.
[5 Mass.App.Ct. 812] RESCRIPT.
Article 3(a) of the Interstate Agreement on Detainers, adopted in this Commonwealth by St.1965, c. 892, § 1, provides that a prisoner in another State, who requests final disposition of an untried indictment, information or complaint in Massachusetts, on the basis of which a detainer has been lodged against him, 'shall be brought to trial within one hundred eighty days after he shall have caused to be delivered to the prosecuting officer and the appropriate court' written notice of his place of confinement and his request for disposition. Here the defendant mailed his request for disposition on October 1, 1975; but the record does not disclose the date of its receipt by the appropriate Massachusetts officials. He was brought to trial on April 5, 1976, one hundred eighty seven days after the request was mailed. Other jurisdictions which have adopted the Agreement on Detainers are divided on the question whether the one hundred eighty day period begins on the date (a) on which the defendant requests the warden of the instiution in which he is confined to forward the necessary papers (Beebe v. State, 346 A.2d 169, 171 (Del.1975)), (b) on which the papers are actually mailed (State v. Wood, 241 N.W.2d 8, 11--13 (Iowa 1976)), or (c) on which the authorities in the other state receive the request for prompt disposition (Commonwealth v. Fisher, 451 Pa. 102, 104--105, 301 A.2d 605 (1973)). See Davidson v. State, 18 Md.App. 61, 67, 305 A.2d 474 (1972), cert. den. 269 Md. 757 (1973). The defendant does not argue that there was delay between his request to the warden and the mailing of his application. For the following reasons we need not decide whether the mailing or the receipt of the request triggers the running[5 Mass.App.Ct. 813] of the detainer statute under Massachusetts law. Compare Conte v. School Comm. of Methuen, --- Mass.App. ---, --- a, 356 N.E.2d 261 (1976). The statute provides that for 'good cause' the court with jurisdiction over the case may grant 'any necessary or reasonable continuance.' Here the cases were called for trial on March 25, 1976; but the court continued the cases...
To continue reading
Request your trial
-
Com. v. Campbell
...shows that Campbell did go to trial within six months of her § 72A application. See Commonwealth v. Carrillo, --- Mass.App. ---- j , 361 N.E.2d 415 (1977) (involving a similar statute on interstate detainers). Thus we conclude that Campbell's rights under § 72A were not abridged. Page 51 [5......
-
State v. Smith, 13422
...See Davidson v. State, 18 Md.App. 61, 67, 305 A.2d 474 (1972), cert. den. 269 Md. 757 (1973). Commonwealth v. Carrillo, 5 Mass.App. 812, 361 N.E.2d 415, 416 (1977). Compare State v. Carroll, 670 P.2d 1290 (Hawaii App.1983); State v. Savage, 522 S.W.2d 144 (Mo.App.1975). It has been held tha......
-
Com. v. Fasano
...(1977) 2243, 2245-2246), 369 N.E.2d 451 (1977); Commonwealth v. Carrillo, --- Mass.App. --- (Mass.App.Ct.Adv.Sh. (1977) 402, 361 N.E.2d 415 6 The motion had been prepared and signed by the defendant himself, and we do not know when counsel for the defendant first learned of it. The method o......
-
Flix v. United States, 83-1401.
...650 P.2d 1340, 1343 (Colo.App. 1982) (continuance because trial judge was ill held to be for good cause); Commonwealth v. Carillo, 5 Mass.App.Ct. 812, 813, 361 N.E.2d 415, 416 (1977) (continuance because of scheduling difficulties due to imminent end of annual court term held to be for good......
-
Com. v. Campbell
...shows that Campbell did go to trial within six months of her § 72A application. See Commonwealth v. Carrillo, --- Mass.App. ---- j , 361 N.E.2d 415 (1977) (involving a similar statute on interstate detainers). Thus we conclude that Campbell's rights under § 72A were not abridged. Page 51 [5......
-
State v. Smith, 13422
...See Davidson v. State, 18 Md.App. 61, 67, 305 A.2d 474 (1972), cert. den. 269 Md. 757 (1973). Commonwealth v. Carrillo, 5 Mass.App. 812, 361 N.E.2d 415, 416 (1977). Compare State v. Carroll, 670 P.2d 1290 (Hawaii App.1983); State v. Savage, 522 S.W.2d 144 (Mo.App.1975). It has been held tha......
-
Com. v. Fasano
...(1977) 2243, 2245-2246), 369 N.E.2d 451 (1977); Commonwealth v. Carrillo, --- Mass.App. --- (Mass.App.Ct.Adv.Sh. (1977) 402, 361 N.E.2d 415 6 The motion had been prepared and signed by the defendant himself, and we do not know when counsel for the defendant first learned of it. The method o......
-
Flix v. United States, 83-1401.
...650 P.2d 1340, 1343 (Colo.App. 1982) (continuance because trial judge was ill held to be for good cause); Commonwealth v. Carillo, 5 Mass.App.Ct. 812, 813, 361 N.E.2d 415, 416 (1977) (continuance because of scheduling difficulties due to imminent end of annual court term held to be for good......