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GAVIN v. COMMONWEALTH

367 Mass. 331 (1975)

327 N.E.2d 707

BRUCE GAVIN vs. COMMONWEALTH (and two companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

April 4, 1975.

Attorney(s) appearing for the Case

Paula W. Gold (Richard Shapiro with her) for the petitioner Gavin.

Bernard Grossberg, for the petitioners Jarvi and Heathman, was present but did not argue, those petitioners having been given leave of court to submit their cases on the brief filed in behalf of the petitioner Gavin.

Robert H. Quinn, Attorney General (Sarah L. Wasserman, Assistant Attorney General, with him) for the Commonwealth.

Present: TAURO, C.J., QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.

KAPLAN, J.

These three cases launch a renewed attack on one feature of the statute, G.L.c. 278, §§ 28A-28D, laying down a procedure for appellate review of certain criminal sentences. When there is a sentence to the State prison2 or a sentence to the reformatory for women for a term of more than five years, the person sentenced is promptly notified of his right to appeal for a review of the sentence, and he may lodge such an...

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