Commonwealth v. Arroyo

I take the view that this case is controlled by Commonwealth v. Aquino, 445 Mass. 446 (2005), and, accordingly, respectfully dissent. Acts occurring after the expiration of the probationary period are not permissible grounds for probation revocation. See Commonwealth v. Sawicki, 369 Mass. 377, 384 (1975); Commonwealth v. Aquino, 445 Mass, at 449. If a reviewing court “cannot determine on the record presented what action the judge would have taken had [he] found the defendant in violation of probation based [only] on the violations committed during the original period of probation,” the court…