Mass. Gen. Laws » Part IV Title II Chapter 278
Massachusetts General Laws

Mass. Gen. Laws ch. 278, § 28A (2026)

Appellate division of superior court for review of sentences

✓ current as of July 2026
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Section 28A. There shall be an appellate division of the superior court for the review of sentences to the state prison imposed by final judgments in criminal cases, except in any case in which a different sentence could not have been imposed, and for the review of sentences to the reformatory for women for terms of more than five years imposed by final judgments in such criminal cases. Said appellate division shall consist of three justices of the superior court to be designated from time to time by the chief justice of said court and shall sit in Boston or at a Massachusetts correctional institution or at such other place as may be designated by the chief justice and at such times as he shall determine. No justice shall sit or act on an appeal from a sentence imposed by him. Two justices shall constitute a quorum to decide all matters before the appellate division.

A designation by the chief justice of the members of the appellate division shall be recorded by the clerk of the appellate division who shall forthwith send copies thereof to the several clerks of the superior court.

The clerk of the superior court for criminal business in Suffolk county shall be the clerk of the appellate division of the superior court. The first assistant clerk of superior court for criminal business in Suffolk county shall be the first assistant clerk of the appellate division of the superior court; the second assistant clerk of the superior court for criminal business in Suffolk county shall be the second assistant clerk of the appellate division of the superior court.

The clerk or an assistant clerk of the appellate division of the superior court shall attend all sittings of the appellate division wherever such sittings are held and shall record the proceedings thereof. The clerk shall have the care and custody of all records, books and papers which pertain to said appellate division. The clerk and the assistant clerks of the appellate division shall have all the power and authority of a clerk of courts in any county of the commonwealth in any and all matters pertaining to the appellate division or to any criminal case in which an appeal for a review of a sentence imposed in any county has been filed.

Notes of Decisions
Cited in 24 cases (4 in the last 5 years), 1959–2024 · leading case: Commonwealth v. Alfonso, 871 N.E.2d 1066 (Mass. 2007).
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Commonwealth v. Alfonso, 871 N.E.2d 1066 (Mass. 2007). · cites it 13× “3 The defendant appealed to the Appellate Division of the Superior Court, pursuant to G. L. c. 278, § 28A. On May 23, 2001, the Appellate Division entered an order, amending her sentences, the effect of which was to increase the defendant’s over-all sentences by imposing…”
Lena v. Commonwealth, 340 N.E.2d 884 (Mass. 1976). · cites it 2× “circumstances, including the special nature of a sentence appeal, we suggest that Lena, if so advised, may attempt an application to the Appellate Division for rehearing or reconsideration supported by any further proof of misunderstanding and directed to securing an opportunity…”
Commonwealth v. Gallant, 369 N.E.2d 707 (Mass. 1977). “He initially sought to have his sentences reviewed by the Appellate Division of the Superior Court (see G. L. c. 278, §§ 28A, 28B), but later withdrew his appeal.”
Commonwealth v. DeMarco, 440 N.E.2d 1282 (Mass. 1982). “G. L. c. 278, §§ 28A, 28B. 6 The judge acknowledged that he was exercising his discretion.”
Care & Prot. of Martha, 553 N.E.2d 902 (Mass. 1990). “See G. L. c. 278, §§ 28A and 28B. 5 The judge found, without objection, that the psychotherapist was a sexual assault counselor, see G.”
Commonwealth v. Suarez, 129 N.E.3d 297 (Mass. App. Ct. 2019). “The closest the Legislature has come is to prescribe a minimum mandatory sentence for assault with intent to rape if committed "while armed with a firearm, rifle, shotgun, machine gun or assault weapon.”
Commonwealth v. Morrow, 296 N.E.2d 468 (Mass. 1973). “G. L. c. 278, §§ 28A and 28B, as appearing in St.”
Commonwealth v. Molino, 580 N.E.2d 383 (Mass. 1991). “The defendant appealed from the trafficking sentence to the Appellate Division of the Superior Court, G. L. c. 278, § 28A (1990 ed.), which upheld the sentence.”
Commonwealth v. Santiago, 474 N.E.2d 154 (Mass. 1985). “G. L. c. 278, § 28A. Under normal circumstances, the defendant would have been eligible for parole after serving the greater of one-third of the minimum seven-year sentence or two-thirds of the minimum *27 four-year sentence, that is, thirty-two months.”
Commonwealth v. Malick, 86 Mass. App. Ct. 174 (Mass. App. Ct. 2014). “” In accordance with G. L. c. 278, § 28A, he pursued an appeal from the sentence to the Appellate Division of the Superior Court.”
Gibney v. Commonwealth, 375 N.E.2d 714 (Mass. 1978). “Rather, they claim that the prosecutor recommended at a subsequent hearing, apparently before the Appellate Division of the Superior Court, see G. L. c. 278, § 28A, that the greater sentences imposed by the judge not be disturbed.”
Dist. Attorney for the N. Dist. v. Superior Court, 172 N.E.2d 245 (Mass. 1961). “302), revision of sentence may be made within sixty days of any sentence “imposed without trial after a plea of guilty or nolo contendere”; (b) under G. L. c. 278, § 28A (as amended through St.”
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