Commonwealth v. Mitchell

On November 5, 1991, the defendant Darrell Mitchell was found guilty in Boston Municipal Court of illegally transferring electronic funds over $100 in value from two named banks. See G. L. c. 167B, § 21. He was sentenced on that day to one year in a house of correction, suspended, with probation for three years to November 2, 1994. Probation was conditioned on the defendant’s making restitution of $12,000 during this period.

By November 2, 1994, the defendant had not made full restitution, but the probation officer did not then move to revoke or extend probation. It was not until May 9, 1997,…