Commonwealth v. Boyd
Annotate this CaseDefendant was convicted on counts of an indictment charging two sentencing enhancements - one as a second-time offender and one under the Massachusetts armed career criminal (ACC) statute. Both enhancements were premised on an underlying conviction of unlawful possession of a sawed-off shotgun. Defendant was sentenced to a term of fifteen to seventeen years on the ACC enhancement and was not sentenced on the second offender enhancement. The Appeals Court reversed the ACC conviction and remanded for resentencing. On remand, Defendant sought to be sentenced under the enhancement statute, and the Commonwealth sought the imposition of a longer sentence under the underlying crime. The Commonwealth then entered a nolle prosequi of the second offender enhancement charge, and the judge sentenced Defendant to a term of from twelve to fifteen years on the underlying conviction. Defendant appealed, arguing that the judge erred in allowing the Commonwealth to avail itself of the nolle prosequi procedure after the initial sentencing had already occurred. The Supreme Judicial Court affirmed, holding that the Commonwealth was unable to exercise its nolle prosequi authority as to the second offender enhancement because that conviction was no longer available, and therefore, the resentencing judge was left to craft a sentence based only the only remaining charge - the underlying crime.
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