Commonwealth v. Pacheco

The Supreme Judicial Court held in this case that the principles of double jeopardy bar the imposition of a consecutive sentence of eight years’ probation, imposed in 2015 by a judge who was not the plea judge, where Defendant originally had been sentenced in 2005 to an eight-year term of probation concurrent with his ten-year prison sentence. Specifically, Defendant was not resentenced to a term of consecutive probation when the original sentencing judge vacated the community parole supervision for life portion of his sentence. The court remanded the matter to the superior court for entry of an order dismissing the Commonwealth’s motion to correct and clarify the sentence as moot on the ground that Defendant’s sentence had been completed before the motion was filed. View "Commonwealth v. Pacheco" on Justia Law