Posts tagged "1107015"

Commonwealth v. Martinez (Lawyers Weekly No. 11-070-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   14-P-1087                                       Appeals Court   COMMONWEALTH  vs.  KEYLA MARTINEZ.[1] No. 14-P-1087. Suffolk.     March 3, 2015. – June 29, 2015.   Present:  Kantrowitz, Blake, & Massing, JJ. Motor Vehicle, Leaving scene of accident.  Practice, Criminal, Required finding.     Complaint received and sworn to in the Central Division of the Boston Municipal Court Department on March 7, 2013.   The case was tried before Robert J. McKenna, Jr., J.     Sandra E. Lundy for the defendant. Alison Taylor Holdway, Special Assistant District Attorney, for the Commonwealth.     KANTROWITZ, J.  In a case containing some rather odd facts, the defendant, Keyla Martinez, was convicted of leaving the scene of an automobile accident without making known her name, address, and vehicle registration number under G. L. c. 90, § 24(2)(a), despite her offer of the information.  Providing the required information is necessary under the statute; in this case, the attempt to provide it was not adequate. Background.  Around 12:15 A.M. on January 26, 2013, as the defendant was driving a station wagon on Main Street in Charlestown, she “sideswiped” the parked car of Jessica Cordiero, who was seated in the driver’s seat.  At the time, Cordiero was speaking to her friend, whom she was dropping off at the friend’s residence.[2]  After the crash, Cordiero could not exit her car from the driver’s side because of the damage.  She had to move across her car’s interior and exit from the passenger side. The defendant’s station wagon stopped on the sidewalk.  Cordiero began walking toward the defendant’s car.  The defendant and a passenger both exited the station wagon.  The defendant’s sister, who had been following the defendant in a third car, also pulled over.  Strangely, the sister then entered the defendant’s station wagon and drove away, leaving the defendant and Cordiero.[3]  Cordiero noted the license plate number on the station wagon, and her friend called the police. Cordiero then asked the defendant for her license and registration.  The defendant responded that she did not have those materials as they were in her station wagon that had been driven away.  The defendant, however, stated that the station wagon would return.[4]  The defendant at some point told Cordiero that her children were also inside the station wagon. The defendant asked Cordiero not to call the police, stating, “I think we can take care of this between us.”  Cordiero replied that […]

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Posted by Massachusetts Legal Resources - June 29, 2015 at 4:31 pm

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