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COMMONWEALTH v. FOLEY

17 Mass. App. Ct. 238 (1983)

457 N.E.2d 654

COMMONWEALTH vs. STEVEN M. FOLEY.

Appeals Court of Massachusetts, Essex.

December 15, 1983.

Attorney(s) appearing for the Case

Ellen A. Howard for the defendant.

Neila J. Straub, Assistant District Attorney, for the Commonwealth.

Present: HALE, C.J., DREBEN, & SMITH, JJ.

DREBEN, J.

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...

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