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COMMONWEALTH v. LAYNE

No. 87-317.

25 Mass. App. Ct. 1 (1987)

514 N.E.2d 98

COMMONWEALTH vs. ROBERT M. LAYNE.

Appeals Court of Massachusetts, Suffolk.

October 13, 1987.

Attorney(s) appearing for the Case

Robert L. Sheketoff for the defendant.

Thomas J. Mundy, Jr., Assistant District Attorney (David B. Mark, Assistant District Attorney, with him) for the Commonwealth.

Present: GRANT, SMITH, & WARNER, JJ.

GRANT, J.

The question raised by the defendant's appeal is whether the trial judge, by an order entered on April 4, 1986, acted properly under Mass.R.Crim.P. 42, 378 Mass. 919 (1979), to correct a clerical mistake in the record of a sentence he had imposed on the defendant on December 24, 1982, on Suffolk indictment no. 038513 or whether the judge, acting in light of subsequent events, has attempted an untimely exercise...

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