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COMMONWEALTH v. GOODWIN

414 Mass. 88 (1993)

605 N.E.2d 827

COMMONWEALTH vs. RALPH W. GOODWIN.

Supreme Judicial Court of Massachusetts, Middlesex.

January 4, 1993.

Attorney(s) appearing for the Case

Patricia A. O'Neill, Committee for Public Counsel Services, for the defendant.

Barbara F. Berenson, Assistant District Attorney, for the Commonwealth.

Present: WILKINS, NOLAN, LYNCH, & GREANEY, JJ.

GREANEY, J.

We transferred this case from the Appeals Court to examine the defendant's contention that he is entitled to resentencing on a conviction because the judge in imposing the sentence improperly considered the defendant's prior misconduct that had resulted in neither a guilty finding nor a formal complaint. We conclude that the judge acted properly in imposing the sentence.

On September 13, 1990, the defendant...

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