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CAN YOUGIVE TO ME ANY CASE LAW IN MASSACHUSETTS that the…

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CAN YOUGIVE TO ME ANY...
CAN YOUGIVE TO ME ANY CASE LAW IN MASSACHUSETTS that the court extended the time frame to file a motion under rules of the criminal procedure rule 29 a where I am not imprisioned
Submitted: 3 months ago.Category: Criminal Law
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12/25/2017
Criminal Lawyer: RayAnswers, Lawyer replied 3 months ago
RayAnswers
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Criminal Lawyer: RayAnswers, Lawyer replied 3 months ago

Here is some that sets out other remedies that may be available.

see Commonwealth v. Aldoupolis, 386 Mass. 260, 268-270 (1982), former Rule 29 did not authorize the Commonwealth to seek revision or revocation of a sentence for any purpose. See Selavka, 469 Mass. at 506. Rule 29(a)(1) makes it clear that the judge’s authority to correct an illegal sentence remains unchanged, but the rule further permits the Commonwealth to seek such relief. This narrow provision for a Commonwealth motion to revise or revoke a sentence is intentionally limited to correcting an illegal sentence; it does not permit a motion to increase a legal sentence that the prosecutor considers to be legal but unduly lenient.

Rule 29(a)(1)’s authority to challenge an illegal sentence within 60 days of sentencing is limited to the Commonwealth and the trial judge for two reasons. First, the defendant is already authorized to file such a motion. Rule 29(a)(2), Unjust Sentences, leaves unchanged the defendant’s right to challenge a sentence “if it appears that justice may not have been done,” which includes a sentence imposing punishment not permitted by law. See Selavka, 469 Mass. 508 n. 7. Quite apart from Rule 29(a), Rule 30(a) gives the defendant the right to challenge an illegal sentence at any time.

Second, a successful prosecution or judicial motion to revise or revoke an illegal sentence that is too lenient would result in additional punishment, which, if unduly belated, would implicate the defendant’s double-jeopardy interest in sentence finality even though the original sentence was illegal. See Selavka, 469 Mass. at 509. The Court in Selavka concluded that limiting the potential for such upward adjustment of an illegal sentence to Rule 29(a)’s 60-day timeframe marks a reasonable balance between a defendant’s interest in sentence finality and society’s interest in enforcement of the sentencing laws. Selavka, 469 Mass. at 508. Rule 29(a)(1) thus provides for a 60-day time limit for the Commonwealth to file a motion seeking, or for the judge to initiate consideration of, the revision or revocation of an illegal sentence. After that, any motion to revise or revoke an illegal sentence must come from the defendant underRule 30(a), which would raise no double-jeopardy problems.

Rule 29(a)(1) includes revocation as a potential remedy for an illegal sentence that is too lenient, in part because that sentence might have been the result of a guilty plea from which the defendant could have withdrawn had the sentence been more harsh than it was. See Rule 12(c)(4) (permitting defendant to withdraw (1) from a District-Court plea if the judge intends to impose a sentence in excess of defendant’s request and (2) from a Superior-Court plea if the judge intends to sentence in excess of either the agreed recommendation or the prosecutor’s recommendation); Rule 12(d)(4) (requiring a judge who accepts a plea agreement providing for both a charge concession and a specific sentence to impose the agreed sentence and permitting the defendant to withdraw if the judge rejects the plea agreement); former Rule 12(c)(2) (permitting defendant to withdraw (1) from a District-Court plea if the judge intends to impose a sentence in excess of defendant’s request and (2) from a Superior-Court plea if the judge intends to sentence in excess of an agreed recommendation on which the plea was contingent). At the very least, such a case would require re-sentencing, with the defendant presumably having the right to withdraw the plea if Rule 12 would have afforded that right at the plea hearing and initial sentencing. See Selavka, 469 Mass. at 514-515.

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