Commonwealth v. Layne

The question raised by the defendant’s appeal is whether the trial judge, by an order entered on April 4, 1986, acted properly under Mass.R.Crim.P. 42, 378 Mass. 919 (1979), to correct a clerical mistake in the record of a sentence he had imposed on the defendant on December 24, 1982, on Suffolk indictment no. 038513 or whether the judge, acting in light of subsequent events, has attempted an untimely exercise of the separate and distinct power to revise sentences which is now found in Mass.R.Crim.P. 29(a), 378 Mass. 899 (1979). See Bolduc v. Commissioner of Correction, 355 Mass. 765, 767…