Commonwealth v. Phillips

Pursuant to Mass.R.A.P. 5, as amended, 378 Mass. 930 (1979), a Superior Court judge has reported the following question for our determination: “May a defendant be subjected to a probation revocation based upon criminal conduct occurring after the imposition of the sentence to probation but before the commencement of the probationary period?”1 (Emphasis supplied.) We answer the question “Yes” *802and remand the matter to the Superior Court for further proceedings.

1. The facts. We relate the facts which give rise to the reported question. Convicted of sexually assaulting the daughter of his second…