Section 28B: Right of appeal to appellate division; time limit; stay of execution of sentence; jurisdiction; review of judgment, etc.; disposition
391 words·~2 min read·
/ma/part-iv/title-ii/chapter-278/28bA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 28B. A person aggrieved by a sentence which may be reviewed may appeal to the appellate division for a review of such sentence. Upon the imposition of a sentence which may be reviewed, the clerk of the court shall notify the person sentenced of his right to appeal. The appeal shall be filed with the clerk of the court for the county where the judgment was rendered within ten days after the imposition of said sentence. An appeal shall not stay the execution of a sentence.
The clerk of the court shall notify the chief justice, the justice who imposed the sentence and the clerk of the appellate division of the filing of an appeal. The justice who imposed the sentence appealed from may transmit to the appellate division a statement of his reasons for imposing the sentence and shall make such a statement within seven days if requested to do so by the appellate division.
The appellate division shall have jurisdiction to consider an appeal with or without a hearing, review the judgment so far as it relates to the sentence imposed and also any other sentence imposed when the sentence appealed from was imposed, notwithstanding the partial execution of any such sentence, and shall have jurisdiction to amend the judgment by ordering substituted therefor a different appropriate sentence or sentences or any other disposition of the case which could have been made at the time of the imposition of the sentence or sentences under review, but no sentence shall be increased without giving the defendant an opportunity to be heard.
If the appellate division decides that the original sentence or sentences should stand, it shall dismiss the appeal. Its decision shall be final. The clerk of the appellate division shall forthwith notify the appellant, the superintendent of the correctional institution in which the appellant is confined, the clerk of the court in which judgment was rendered, the justice who imposed the sentence appealed from and the chief justice of the final action of the appellate division on an appeal.
The appellate division may require the production of any records, documents, exhibits or other things connected with the proceedings. The superior court shall by rule establish forms for appeals hereunder and may by rule make such other regulations of procedure relative thereto, consistent with law, as justice may require.