425 Mass. 1014 | Mass. | 1997
Relief under G. L. c. 211, § 3, is not available where the petitioner has or had
Were we to consider the merits of the petitioner’s claims, we would conclude that the single justice did not err or abuse his discretion in denying the petition. See Martineau, supra; Greco v. Suffolk Div. of the Probate & Family Court Dep’t, 418 Mass. 153, 156 (1994). Even if the Governor’s attempted commutation of the petitioner’s sentence was unlawful, it does not necessarily follow, as the petitioner claims, that he is entitled to have his sentence transformed in some other manner. There is no indication in the record, nor does the petitioner assert, that the Governor intended to pardon him outright or to lessen the offense for which he was convicted to manslaughter. Cf. Commonwealth v. Arsenault, 361 Mass. 287, 292 (1972) (commutation does not disturb conviction but simply remits portion of sentence). Nor is there any indication that the Governor intended that the petitioner be paroled at any specific time.
Judgment affirmed.