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COMMONWEALTH v. ROSA

18 Mass. App. Ct. 247 (1984)

464 N.E.2d 113

COMMONWEALTH vs. ISMAEL M. ROSA. (and a companion case).

Appeals Court of Massachusetts, Bristol.

June 11, 1984.

Attorney(s) appearing for the Case

Daniel E. Callahan for Ismael M. Rosa.

Kenneth G. Littman for Ramon Rojas.

Phillip L. Weiner, Assistant District Attorney, for the Commonwealth.

Present: DREBEN, HALE, & SMITH, JJ.

HALE, J.

Following the issuance of our opinion in Commonwealth v. Rosa, 17 Mass.App.Ct. 495 (1984), the defendants requested a rehearing as to whether under Commonwealth v. Bongarzone, 390 Mass. 326 (1983), our order for resentencing was correct. A rehearing was held. We agree with the defendants that our order they be sentenced under the general provisions...

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