Legal Opinion
Commonwealth v. Holmes
Massachusetts Appeals Court
Decided June 14, 2013No. 12-P-59PublishedCited by 3 opinions
1Opinion of the CourtGrainger, J.
The defendant appeals from the denial of his motion for credit for two years he spent incarcerated on a prior sentence that was subsequently reversed. We reverse the denial of his motion.
Background. As with most sentencing disputes, a specific chronology is useful to clarify the issues. On November 15, 1997, the defendant was charged with possession with intent to distribute a class B substance, in violation of G. L. c. 94C, *738§ 32A. On December 5, 1997, he pleaded guilty and was sentenced to serve two years in the Hampden County house of correction (the 1997 conviction). The defendant…
2Cases cited28 opinions
- Chalifoux v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1978
- Thomas Ribble Tucker, Jr. v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1966
- Lewis v. CommonwealthMassachusetts Supreme Judicial Court · 1952
- Brown v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1958
- Commonwealth v. CarterMassachusetts Appeals Court · 1980
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3Cited by3 opinions
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 2014
- Commonwealth v. VelezMassachusetts Appeals Court · 2014
- Commonwealth v. VelezMassachusetts Appeals Court · 2014