State v. Nutter

The majority today declines to decide the issue raised because the defendant did not make an objection “upon perceiving an error” in the judge’s rationale for the sentence imposed. The underlying question is whether it was error for the judge to consider the evidentiary value of a notebook, and the defendant’s testimonial explanation of it, in sentencing the defendant, when that evidence was introduced in a companion case which resulted in acquittal. I would reach the main issue and would find against the defendant.

For several reasons there is no need for this court to require a…