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COMMONWEALTH v. CUMMING

No. SJC-11248.

466 Mass. 467 (2013)

COMMONWEALTH v. RICHARD H. CUMMING.

Supreme Judicial Court of Massachusetts, Worcester.

September 27, 2013.

Attorney(s) appearing for the Case

David M. Skeels , Committee for Public Counsel Services, for the defendant.

Ellyn H. Lazar-Moore , Assistant District Attorney, for the Commonwealth.

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

CORDY, J.

In the present appeal, we consider two double jeopardy challenges to a Superior Court judge's resentencing order following the judge's allowance of the defendant's motion to correct his sentences by vacating the requirement of community parole supervision for life (CPSL) pursuant to Mass. R. Crim. P. 30 (a), as appearing in 435 Mass. 1501 (2001). The CPSL requirement had been illegally imposed years earlier as...

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