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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-05-22
Status Open
Type Probation Transfer|Robbery, Armed & Masked C 265 §17
Docket 59 entries

Parties

Defendant Henry, Erik W

Lawyers

Docket Entries

  1. Indictment(s) returned
  2. Attorney appearance On this date James M Forsyth, Esq. added as Attorney for the Commonwealth for Prosecutor Hampden County District Attorney
  3. Attorney appearance On this date Terrence M Dunphy, Esq. added as Private Counsel for Defendant Erik W Henry
  4. Event Result: Judge: Ricciardone, Hon. David The following event: Arraignment scheduled for 02/27/2018 09:01 AM has been resulted as follows: Result: Held as Scheduled
  5. Defendant arraigned before Court. Judge: Ricciardone, Hon. David
  6. Defendant waives reading of indictment Judge: Ricciardone, Hon. David
  7. Plea of not guilty entered on all charges. Judge: Ricciardone, Hon. David
  8. Bail set at $0.00 Surety, $20,000.00 Cash. without prejudice. Next Date: 9/20/19
  9. Bail warnings read Judge: Ricciardone, Hon. David
  10. ORDER: of assignment (Carey, Paula, Chief Justice of the Superior Court) Judge: Unassigned
  11. Habeas Corpus for defendant issued to Hampden County House of Correction returnable for 07/11/2018 02:00 PM Pre-Trial Hearing. Habe to issue- to be held at 2pm at Franklin Superior Court before The Hon. J. Mazanec.
  12. Commonwealth, Defendant 's Joint Motion to continue
  13. Event Result:: Pre-Trial Hearing scheduled on: 07/11/2018 02:00 PM Has been: Not Held For the following reason: Joint request of parties Comments: No FTR Mazanec, J /District Court Judge) Unassigned, Presiding Appeared: Staff: Sara Adams, Court Monitor Brian Dolaher, Assistant Clerk Magistrate Michael T Sarnacki, Esq., Assistant Clerk Magistrate Judge: Mazanec, III, Hon. William F
  14. Habeas Corpus for defendant issued to Hampden County House of Correction returnable for 08/14/2018 09:19 AM Pre-Trial Hearing. Please Have Deft. brought to Franklin Superior Court at 2PM hearing before Judge Mazanec
  15. Event Result:: Pre-Trial Hearing scheduled on: 08/14/2018 02:00 PM Has been: Held as Scheduled Comments: Held in Greenfield Superior Court before Judge Mazanec Unassigned, Presiding Appeared: Staff: Alicia Cayode-Kyles, Court Monitor Michael T Sarnacki, Esq., Assistant Clerk Magistrate Lauramarie Sirois, Assistant Clerk Magistrate Judge: Mazanec, III, Hon. William F
  16. Pre-trial conference report filed
  17. Defendant 's Motion to continue
  18. Endorsement on Motion to continue, (#7.0): ALLOWED Allowed to 11/8/18 at 2p.m. for motion to suppress. Motion to be filed by 10/26/18. Hearing to be held in Greenfield. (j. Mazanec) Judge: Mazanec, III, Hon. William F
  19. Event Result:: Evidentiary Hearing on Suppression scheduled on: 10/09/2018 02:00 PM Has been: Not Held For the following reason: Request of Defendant Comments: heard before Judge Mazanec in Franklin Superior Court Unassigned, Presiding Appeared: Staff: Brian Dolaher, Assistant Clerk Magistrate Elizabeth Marzano (Santos), Court Monitor Lauramarie Sirois, Assistant Clerk Magistrate Judge: Mazanec, III, Hon. William F
  20. Defendant 's Motion to suppress statement
  21. Affidavit filed by Defendant Erik W Henry in support of motion to suppress statement
  22. Defendant 's Motion to seal affidavit in support of motion to suppress and attached exhibit
  23. Endorsement on Defendant 's Motion to seal affidavit in support of motion to suppress and attached exhibit, (#9.0): ALLOWED (Mazanec, J.) n. email 11/1/18 Judge: Mazanec, III, Hon. William F
  24. Defendant 's Motion for voir dire
  25. Defendant 's Motion for sequestration of Prosecution witnesses, Mass. R. P., Rule 2
  26. Event Result:: Evidentiary Hearing on Suppression scheduled on: 11/08/2018 02:00 PM Has been: Held as Scheduled Comments: held at 2pm at Franklin Superior Court before The Hon. J. Mazanec. Unassigned, Presiding Appeared: Staff: Amy (DIGITAL RECORDING DEVICE) Foulks, Court Monitor Michael T Sarnacki, Esq., Assistant Clerk Magistrate Lauramarie Sirois, Assistant Clerk Magistrate Judge: Mazanec, III, Hon. William F
  27. Event Result:: Final Pre-Trial Conference scheduled on: 11/14/2018 02:00 PM Has been: Not Held For the following reason: By Court prior to date Comments: held at 2pm at Franklin Superior Court before The Hon. J. Mazanec. Unassigned, Presiding Appeared: Staff: Amy (DIGITAL RECORDING DEVICE) Foulks, Court Monitor Michael T Sarnacki, Esq., Assistant Clerk Magistrate Lauramarie Sirois, Assistant Clerk Magistrate
  28. Event Result:: Jury Trial scheduled on: 11/28/2018 02:00 PM Has been: Not Held For the following reason: By Court prior to date Comments: held at 2pm at Franklin Superior Court before The Hon. J. Mazanec. Unassigned, Presiding Appeared: Staff: Amy (DIGITAL RECORDING DEVICE) Foulks, Court Monitor Michael T Sarnacki, Esq., Assistant Clerk Magistrate Lauramarie Sirois, Assistant Clerk Magistrate
  29. Defendant 's Motion for court to order pre-sentence report by Probation Department to assist in sentencing
  30. Endorsement on Motion for court to order pre-sentence report by probation department to assist in sentencing, (#13.0): ALLOWED (Mazanec, J)
  31. Habeas Corpus for defendant issued to Franklin County House of Correction returnable for 09/20/2019 09:11 AM Hearing for Change of Plea. Please have defendant here by 9am
  32. Event Result:: Hearing for Change of Plea scheduled on: 09/20/2019 09:11 AM Has been: Held as scheduled Comments: Heard at Franklin Superior Court FTR 6 Mazanec, J, Presiding Staff: Brian Dolaher, Assistant Clerk Magistrate Michael T Sarnacki, Esq., Assistant Clerk Magistrate Lauramarie Sirois, Assistant Clerk Magistrate
  33. After finding of severe financial hardship, victim/witness fee waived. Judge: Mazanec, J.
  34. Defendant is subject to the following special conditions: 1) remain drug and alcohol free, 2) subject to random screens, 3) stay away, no contact, direct or indirect, with victims and locations listed in indictments, 4) complete intensive drug treatment program through the VA, 5) undergo mental health evaluation and submit to treatment. (Mazanec, J.) Judge: Unassigned
  35. Defendant sentenced:: Sentence Date: 09/20/2019 Judge: Unassigned Charge #: 1 ROBBERY, ARMED & MASKED c265 §17 State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Case 1879CR0056 Charge #: 2 ROBBERY, UNARMED c265 §19(b) State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Charge #: 4 ROBBERY, ARMED & MASKED c265 §17 State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Charge #: 5 ROBBERY, ARMED & MASKED c265 §17 State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Charge #: 6 ROBBERY, ARMED & MASKED c265 §17 State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Charge #: 7 ROBBERY, ARMED & MASKED c265 §17 State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Charge #: 8 ROBBERY, ARMED & MASKED c265 §17 State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Committed to MCI - Cedar Junction (at Walpole)
  36. Defendant sentenced:: Revision Date: 09/20/2019 Judge: Unassigned Charge #: 1 ROBBERY, ARMED & MASKED c265 §17 State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Case 1879CR0056 Charge #: 2 ROBBERY, UNARMED c265 §19(b) State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Charge #: 4 ROBBERY, ARMED & MASKED c265 §17 State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Charge #: 5 ROBBERY, ARMED & MASKED c265 §17 State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Charge #: 6 ROBBERY, ARMED & MASKED c265 §17 State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Charge #: 7 ROBBERY, ARMED & MASKED c265 §17 State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Charge #: 8 ROBBERY, ARMED & MASKED c265 §17 State Prison Sentence Not Less Than: 5 Years, 0 Months, 0 Days Not More Than: 7 Years, 0 Months, 0 Days Served Concurrently Charge # 1 Committed to MCI - Cedar Junction (at Walpole) Credits 661 Days
  37. Defendant waives rights. Judge: Unassigned Judge: Mazanec, III, Hon. William F
  38. Plea colloquy given. Judge: Unassigned Judge: Mazanec, III, Hon. William F
  39. DNA fee WAIVED Judge: Unassigned Judge: Mazanec, III, Hon. William F
  40. After finding of severe financial hardship, victim/witness fee waived. Judge: Unassigned Judge: Mazanec, III, Hon. William F
  41. Defendant notified of right of appeal to the Appelate Division of the Superior Court within ten (10) days. Judge: Unassigned Judge: Mazanec, III, Hon. William F
  42. Offense Disposition:: Charge #1 ROBBERY, ARMED & MASKED c265 §17 On: 09/20/2019 Judge: Mazanec, J. By: Hearing on Plea Offer/Change Guilty Plea Charge #2 ROBBERY, UNARMED c265 §19(b) On: 09/20/2019 Judge: Mazanec, J. By: Hearing on Plea Offer/Change Guilty Plea Charge #3 ROBBERY, UNARMED c265 §19(b) On: 09/20/2019 Judge: Mazanec, J. By: Hearing on Plea Offer/Change Guilty Plea Charge #4 ROBBERY, ARMED & MASKED c265 §17 On: 09/20/2019 Judge: Mazanec, J. By: Hearing on Plea Offer/Change Guilty Plea Charge #5 ROBBERY, ARMED & MASKED c265 §17 On: 09/20/2019 Judge: Mazanec, J. By: Hearing on Plea Offer/Change Guilty Plea Charge #6 ROBBERY, ARMED & MASKED c265 §17 On: 09/20/2019 Judge: Mazanec, J. By: Hearing on Plea Offer/Change Guilty Plea Charge #7 ROBBERY, ARMED & MASKED c265 §17 On: 09/20/2019 Judge: Mazanec, J. By: Hearing on Plea Offer/Change Guilty Plea Charge #8 ROBBERY, ARMED & MASKED c265 §17 On: 09/20/2019 Judge: Mazanec, J. By: Hearing on Plea Offer/Change Guilty Plea Charge #9 DRUG, POSSESS CLASS A c94C §34 On: 09/20/2019 Judge: Mazanec, J. By: Hearing on Plea Offer/Change Guilty Plea
  43. DNA fee WAIVED Judge: Unassigned Mazanec, J. PROBATION SUPERVISION FEE ORDERED WAIVED Judge: Mazanec, III, Hon. William F
  44. Defendant 's Motion to Withdraw Notice of Appeal M. R. App. P., Rule 3 N. Mazanec, J @ Franklin District Court
  45. The following form was generated:
  46. The following form was generated: Clerk's Notice Sent On: 10/08/2019 14:34:17
  47. Appeal for review of sentence entered at the Appellate Division: Originating Court: Hampden County Receiving Court: Suffolk County Criminal Case Number: 1984AD008-NO ;
  48. Appeal for review of sentence entered at the Appellate Division: Originating Court: Hampden County Receiving Court: Suffolk County Criminal Case Number: 1984AD009-HD ;
  49. Order from Appellate Division of the Superior Court for the Review of Sentence it is ORDERED: that the judgment imposing said sentence be amended by substituting for said sentence, a sentence for a term of M.C.I. cedar Junction for a term of not more that ten (10) years not less than seven (7) years CONCURRENT with Hampden county docket 1879CR00056-001 and the court ordered that the defendant be deemed to have served Six hundred Sixty one (661) days said sentence, the term to be computed from the time when the appealed sentence commenced operation. Defendant has been re-sentenced in accordance with said Order. N. 5/12/21 DCU & Probation Dept. On Counts: 4,5,6,7 & 8
  50. Probation Transfer Notice Received Transferring to: Middlesex Superior Court
  51. Probation Transfer Review Complete Judge: Sirois, Lauramarie
  52. Probation transfer accepted. Originating Court: Hampden County Case Number: 1879CR00058 Receiving Court: Middlesex County ;
  53. Copies of original Docket Report from Hampden County received on 05/12/2023.
  54. Copies of original Indictments from Hampden County received on 05/12/2023.
  55. Probation Transfer Notice Received (Worcester Superior Court)
  56. Copies of original updated docket report from Hampden County received on 05/15/2023.
  57. Probation Transfer Review Complete
  58. Probation Transfer Notice Received
  59. Probation transfer accepted. Originating Court: Middlesex County Case Number: 2381PT00175 Receiving Court: Worcester County ;

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