Commonwealth v. Foley

The defendant was convicted on indictments charging rape of a child by force (G. L. c. 265, § 22A) and assault by means of a dangerous weapon (G. L. c. 265, § 15B). In addition to claiming errors in his trial, the defendant asserts that the sentence imposed did not reflect the intention of the sentencing judge, and that he was unfairly deprived of credit for time spent by him in custody prior to trial and for time spent in Bridgewater State Hospital after conviction. We affirm the convictions but, in the unusual circumstances of this case, order that the sentence be revised to conform to the…