GARDNER v. COMMISSIONER OF CORRECTION

No. 99-P-1492.

56 Mass. App. Ct. 31 (2002)

RICHARD E. GARDNER v. COMMISSIONER OF CORRECTION.

Court of Appeals of Massachusetts, Suffolk.

September 20, 2002.


Attorney(s) appearing for the Case

David Slade for the defendant.

Catherine J. Hinton for the plaintiff.

Present: LENK, COWIN, & McHUGH, JJ.


LENK, J.

The difficulty confronting the plaintiff, Richard Gardner, is one peculiar to those who serially violate the laws of multiple jurisdictions. In this appeal, we are asked to determine the effect, if any, of the reversal of an out-of-State conviction upon prison sentences imposed by Massachusetts courts, where the Massachusetts sentences were expressly ordered to be served "from and after" the out-of-State sentences then being served and which were later reversed...

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