COMMONWEALTH v. BRUZZESE

No. 00-P-996.

53 Mass. App. Ct. 152 (2001)

COMMONWEALTH v. MICHAEL BRUZZESE.

Court of Appeals of Massachusetts, Norfolk.

November 2, 2001.


Attorney(s) appearing for the Case

Linda G. Ramsden for the defendant.

Ellen McCusker Devlin, Assistant District Attorney, for the Commonwealth.

Present: PORADA, LAURENCE, & KAFKER, JJ.


PORADA, J.

Upon the revocation of his probation by a District Court judge, the defendant was sentenced to serve a one-year sentence that had been suspended. The defendant argues that the imposition of this sentence was illegal because it was an improper increase of his original sentence and resulted in a violation of his constitutional right not to be placed in jeopardy twice. Based upon the circumstances of this case, we agree and vacate the order imposing the one...

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