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COMMONWEALTH v. FENTON

18 Mass. App. Ct. 537 (1984)

468 N.E.2d 649

COMMONWEALTH vs. TIMOTHY G. FENTON.

Appeals Court of Massachusetts, Essex.

September 13, 1984.

Attorney(s) appearing for the Case

Steven J. Rappaport for the defendant.

Lila Heideman, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, PERRETTA, & DREBEN, JJ.

DREBEN, J.

In 1981 the defendant was convicted of unlawfully carrying a firearm (G.L.c. 269, § 10[a]) and was sentenced to three to five years at the Massachusetts Correctional Institution, Walpole.1 After the decision of the Supreme Judicial Court in Commonwealth v. Rhodes, 389 Mass. 641 (1983), the defendant filed a motion for release from unlawful restraint pursuant to Mass...

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