Commonwealth v. Osborne

As we would affirm here on the merits, it is not necessary to discuss the Commonwealth’s argument that the defendant has waived any appellate rights he might still have had because of his failure to raise this issue at the hearings on resentencing which occurred subsequent to the decision in *988Osborne v. Commonwealth, 378 Mass. 104 (1979). However, for a review of the relevant principles applicable to circumstances such as those presented here, see Commonwealth v. Stewart, 375 Mass, at 393. See also Commonwealth v. Gallinaro, 362 Mass. 728, 735 (1973), and Commonwealth v. Salemme, 370 Mass. 421…