Commonwealth v. Bourdon

Before us again is the Commonwealth’s appeal from the dismissal of criminal charges against the defendant for violation of Mass.R.Crim.P. 36, as amended, 422 Mass. 1503 (1996). In Commonwealth v. Bourdon, 68 Mass. App. Ct. 526, *421528-529 (2007), we concluded that “[t]he seventeen-month period between the hearing on the defendant’s rule 36 motion to dismiss and the judicial resolution of that motion included a sufficient number of nonexcludable days that the period of time violates rule 36 without the necessity of any computations concerning the period that preceded it.” On review, the…