COMMONWEALTH v. BARSELL


424 Mass. 737 (1997)

COMMONWEALTH v. ROBERT BARSELL.

Supreme Judicial Court of Massachusetts, Norfolk.

April 17, 1997.


Attorney(s) appearing for the Case

Robert C. Cosgrove, Assistant District Attorney, for the Commonwealth.

Charles K. Stephenson for the defendant.

Present: WILKINS, C.J., ABRAMS, LYNCH, FRIED, & MARSHALL, JJ.


FRIED, J.

The Commonwealth appeals from an order of a Superior Court judge granting the defendant's amended motion to vacate a judgment and ordering resentencing on the ground that solicitation of a felony, here murder, is only punishable as a misdemeanor. We transferred the case to this court on our own motion and we affirm.

I

On July 7, 1993, Barsell pleaded guilty to a charge of solicitation to commit murder, and received a sentence of from six...

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