Foss v. Commonwealth

This case raises a question of statutory interpretation: Whether G. L. c. 123, § 16 (f), mandates the dismissal of charges pending against an incompetent criminal defendant on the final date of the period prescribed under the statute and computed on the basis of the maximum sentence for the single most serious crime charged or on the basis of the maximum consecutive sentences of all of the crimes charged of equal seriousness. The single justice, ruling on a petition under G. L. c. 211, § 3, concluded that the latter interpretation should apply and denied the petition. The petitioner…