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COMMONWEALTH v. DeBELLA

442 Mass. 683 (2004)

COMMONWEALTH v. JOHN J. DeBELLA.

Supreme Court of Massachusetts, Plymouth.

October 14, 2004.

Attorney(s) appearing for the Case

Jane Larmon White, Committee for Public Counsel Services, for the defendant.

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

John G. Swomley, Eric Tennen & Andrew Good, for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

COWIN, J.

We granted the defendant's application for direct appellate review in order to decide whether the provision of G. L. c. 123A, § 14 (a), requiring that a trial be held within sixty days of the district attorney's petition to the court for a trial to commit a prisoner as a sexually dangerous person, is to be interpreted as an absolute time limitation, requiring dismissal of the case if the trial is not...

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