COMMONWEALTH v. LAYNE


21 Mass. App. Ct. 17 (1985)

483 N.E.2d 827

COMMONWEALTH vs. ROBERT M. LAYNE.

Appeals Court of Massachusetts, Worcester.

January 10, 1983.

May 2, 1985.


Attorney(s) appearing for the Case

Daniel F. Toomey, Assistant District Attorney, for the Commonwealth.

Lois M. Lewis for the defendant.

Present: GREANEY, C.J., BROWN, & DREBEN, JJ.


BROWN, J.

In May of 1980, approximately eight years after being convicted and sentenced on several indictments, including one for kidnapping (G.L.c. 265, § 26), the defendant filed a motion requesting postconviction relief pursuant to Mass.R.Crim.P. 30(a) and (b), 378 Mass. 900 (1979).1 In his motion, the defendant claimed, among other things, that "[i]mproper considerations played a part in the sentencing process in violation of...

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