Commonwealth v. Holmes
Massachusetts Appeals Court
1DissentBerry, J.
(dissenting, with whom Kantrowitz, J., joins). This *745case presents the important question whether a defendant who is currently serving a sentence must receive an immediate day-for-day credit against that sentence when an earlier, unrelated conviction, as to which the defendant had already completed his sentence prior to the commission of the crime for which he is currently serving his sentence, is vacated. I do not believe the answer to this question reached by the majority is supportable. Accordingly, I dissent.
Furthermore, the unintended consequence of the majority’s interpretation will be…
2Cases cited15 opinions
- Commonwealth v. SaferianMassachusetts Supreme Judicial Court · 1974
- Thomas Ribble Tucker, Jr. v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1966
- Commonwealth v. WheelerMassachusetts Appeals Court · 2001
- Commonwealth v. CarterMassachusetts Appeals Court · 1980
- Commonwealth v. MiltonMassachusetts Supreme Judicial Court · 1998
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