Commonwealth v. Henriquez

The issue presented is whether the defendant, Carlos Henriquez, who pleaded guilty to sex crimes against his seven year old daughter and received concurrent forty-five to sixty year sentences, was punished for uncharged as well as charged offenses.1 We conclude that the defendant must be *776resentenced where (1) the judge stated that she took into account uncharged conduct in determining the length of her sentence without explaining her reasons for doing so, and (2) the record reveals other indicia of punishment for uncharged conduct.

The defendant was charged with forcible rape of a child (four…