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COMMONWEALTH v. HENRIQUEZ

No. 01-P-1085.

56 Mass. App. Ct. 775 (2002)

COMMONWEALTH v. CARLOS HENRIQUEZ.

Court of Appeals of Massachusetts, Hampden.

December 18, 2002.

Attorney(s) appearing for the Case

Eric S. Brandt, Committee for Public Counsel Services, for the defendant.

William M. Bennett, District Attorney, & Jane Davidson Montori & Thomas H. Townsend, Assistant District Attorneys, for the Commonwealth, submitted a brief.

Present: JACOBS, COWIN, & KAFKER, JJ.

KAFKER, J.

The issue presented is whether the defendant, Carlos Henriquez, who pleaded guilty to sex crimes against his seven year old daughter and received concurrent forty-five to sixty year sentences, was punished for uncharged as well as charged offenses.1 We conclude that the defendant must be resentenced where (1) the judge stated that she took into account uncharged conduct in...

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