COMMONWEALTH v. DEAN-GANEK

SJC-10860.

461 Mass. 305 (2012)

COMMONWEALTH v. AARON D. DEAN-GANEK.

Supreme Judicial Court of Massachusetts, Suffolk.

January 12, 2012.


Attorney(s) appearing for the Case

Catherine Langevin Semel , Assistant District Attorney ( Jessica M. Strasnick , Assistant District Attorney, with her) for the Commonwealth.

Linda A. Harvey for the defendant.

Daniel F. Conley , District Attorney, & Kris Foster , Assistant District Attorney, for District Attorney for the Suffolk District, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


GANTS, J.

In Commonwealth v. Rodriguez, ante 256 (2012) (Rodriguez), we concluded that where a judge acts on his own timely motion to revise or revoke a sentence under Mass. R. Crim. P. 29 (a), 378 Mass. 899 (1979), the judge has the authority to reduce a sentence "if it appears that justice may not have been done," regardless whether a plea agreement includes an agreed sentence recommendation. This case presents the separate but related question...

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