Commonwealth v. Rescia

The defendant pleaded guilty in the District Court to a two-count complaint charging him in Count A with breaking and entering in the nighttime with intent to commit a felony (G. L. c. 266, § 16) and in Count B with larceny of property with a value more than $250. G. L. c. 266, § 30. The defendant was sentenced to concurrent terms of one year, seven days to be served, and the balance of the jail term suspended. As a condition of probation, the judge ordered the defendant (and a codefendant — the defendant’s brother) to make restitution to the victim of $30,500. On appeal, the defendant claims…