Commonwealth v. Laltaprasad

In this case we consider whether G. L. c. 21 IE, § 3 (<?), authorizes a sentencing judge to depart from the mandatory minimum terms specified by statute for subsequent drug offenses. We conclude that because the Legislature has not yet enacted into law sentencing guidelines recommended by the Massachusetts Sentencing Commission (commission), a sentencing judge currently may not impose a sentence that departs from the prescribed mandatory minimum term. We do not reach in this case the constitutional claims that the defendant has raised for the first time in this court. 2

Background. In August,…