Legal Opinion

Commonwealth v. Richardson

Massachusetts Supreme Judicial Court

Decided August 7, 2014No. SJC 11472PublishedCited by 18 opinions

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

  1. Missouri v. HunterSupreme Court of the United States · 1983
  2. Commonwealth v. LatimoreMassachusetts Supreme Judicial Court · 1979
  3. United States v. GonzalesSupreme Court of the United States · 1997
  4. Simpson v. United StatesSupreme Court of the United States · 1978
  5. Busic v. United StatesSupreme Court of the United States · 1980

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3Cited by18 opinions

  1. Commonwealth v. FontanezMassachusetts Supreme Judicial Court · 2019
  2. Commonwealth v. AyalaMassachusetts Supreme Judicial Court · 2018
  3. Commonwealth v. ResendeMassachusetts Supreme Judicial Court · 2016
  4. Commonwealth v. Samuel S., a juvenileMassachusetts Supreme Judicial Court · 2017
  5. Commonwealth v. BerardiMassachusetts Appeals Court · 2015

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