COMMONWEALTH v. BARRIERE

No. 97-P-2350.

46 Mass. App. Ct. 286 (1999)

COMMONWEALTH v. RICHARD L. BARRIERE.

Court of Appeals of Massachusetts, Berkshire.

February 5, 1999.


Attorney(s) appearing for the Case

John F. Dalsey for the defendant.

Joseph A. Pieropan, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, KASS, & FLANNERY, JJ.


KASS, J.

Some three years after sentencing, and two years and eight months after a first correction of the mittimus prescribing the time to be served by Richard Barriere, a judge of the Superior Court further corrected the mittimus by revoking a 251-day credit and adding those 251 days back into the time that Barriere was to serve in State prison. Barriere claims on appeal that the late — and to him adverse — correction of the mittimus was legally erroneous...

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