Commonwealth v. White

We granted the defendant’s application for direct appellate review to consider whether, in connection with his resentencing (as ordered by the Appeals Court), the resentenc-ing judge had authority to consider information about the defendant’s efforts to better himself in prison during the time that elapsed between his original sentencing and his *341resentencing. We conclude that the resentencing judge possessed such authority. Because the resentencing judge believed that she lacked the authority to consider the mitigating information, the defendant must be sentenced again. Accordingly, we vacate…