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COMMONWEALTH v. HOLMES

No. 12-P-59.

83 Mass. App. Ct. 737 (2013)

COMMONWEALTH v. MARLON HOLMES.

Appeals Court of Massachusetts, Hampden.

June 14, 2013.

Attorney(s) appearing for the Case

Marlon Holmes, pro se.

Jane Davidson Montori , Assistant District Attorney, for the Commonwealth.

Present: RAPOZA, C.J., CYPHER, KANTROWITZ, BERRY, & GRAINGER, JJ.

GRAINGER, J.

The defendant appeals from the denial of his motion for credit for two years he spent incarcerated on a prior sentence that was subsequently reversed. We reverse the denial of his motion.

Background. As with most sentencing disputes, a specific chronology is useful to clarify the issues. On November 15, 1997, the defendant was charged with possession with intent to distribute a class B substance, in violation of G. L. c. 94C,

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