Commonwealth v. Richardson
Massachusetts Supreme Judicial Court
1Opinion of the CourtGants, J.
In Bynum v. Commonwealth, 429 Mass. 705, 707, 709 (1999), we declared that, where the Legislature enacts a sentencing enhancement statute that provides for a longer sentence where a defendant convicted of the crime has one or more specified prior convictions, “[t]he prior offense is not an element of the crime for which a defendant is charged but concerns the punishment to be imposed if he is convicted . . . and the prior offense is proved.” We, therefore, concluded that the Legislature did not intend that two sentences be imposed, one for the underlying offense and a second for having…
2Cases cited15 opinions
- Missouri v. HunterSupreme Court of the United States · 1983
- Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
- United States v. GonzalesSupreme Court of the United States · 1997
- Simpson v. United StatesSupreme Court of the United States · 1978
- Busic v. United StatesSupreme Court of the United States · 1980
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