Commonwealth v. Wood

99 Mass.App.Ct. 1129

170 N.E.3d 360 (Table)

COMMONWEALTH

v.Rochelle M. WOOD.

21-P-365

Appeals Court of Massachusetts.

Entered: June 17, 2021.

MEMORANDUM AND ORDER PURSUANT TO RULE 23.0

The defendant pleaded guilty to aggravated assault and battery causing serious bodily injury in violation of G. L. c. 265, § 14. She was sentenced to two years straight probation. After she was alleged to have violated her probation by failing to remain drug and alcohol free and failing to attend a "Stepping Stone" program, attendance at which was a condition of her probation, she entered an agreed disposition whereby she stipulated to her violations and received a sentence of two years at the Massachusetts Regional Women's Correctional Center. The judge stated that the defendant would be given credit for time served.

She was given credit for the sixty-five days she was held pending disposition of the probation violation, but not for the 275 days from October 17, 2018, until July 19, 2019, that she spent in custody awaiting trial on the underlying offense. Since her sentencing, the defendant has repeatedly attempted to obtain that 275 day's credit, most recently by filing an "Assented to Second Motion to Reconsider Denial of Motion to Correct Mittimus," which, despite the Commonwealth's assent, was denied.

In this appeal, the Commonwealth concedes that the defendant is entitled to 275 day's credit based on its reading of the transcript of the sentencing proceeding at the probation violation hearing. See Commonwealth v. Milton, 427 Mass. 18, 23-24 (1998) ("Criminal defendants have a right to have their sentences reduced by the amount of time they spend in custody awaiting trial, unless in imposing the sentence, the...