Commonwealth v. Lovell

1. The defendant argues that his sentences were illegal in that the trial judge sentenced him “for what was not done rather than what was done.” He points specifically to a portion of the sentencing hearing in which the judge stated:

“As to the reasons why I am imposing the sentences I am imposing, which are substantially, I think, larger than the Commonwealth recommended, it is because through no fault of these defendants we are not here trying two murders; it was only a matter of inches that Mrs. Moselonas was not murdered and/or [sic] that Mr. Gibbons was not murdered.”

The codefendant,…