Commonwealth v. Azar

The defendant, David M. Azar, was convicted of murder in the second degree in 1989, and sentenced to life in prison. We later ordered a new trial, see Commonwealth v. Azar, 435 Mass. 675 (2002), but then the defendant pleaded guilty to the lesser included offense of manslaughter. He *73received credit for time served under his 1989 conviction, with the balance of his sentence suspended. The defendant later moved to correct his sentence, arguing that the failure of the plea judge to take into account statutory good time, to which he was entitled under G. L. c. 127, § 129,1 resulted in a sentence…