Commonwealth v. Padua

While an appellate court generally may remand a case for resentencing while affirming the underlying conviction, it was nevertheless improper to do so under the particular circumstances of this case. Defendant pleaded guilty to criminal offenses in 2000, and the charges were placed on file at that time. In 2014, a judge brought the filed charges forward and sentenced Defendant on them. The Appeals Court remanded the matter to give the sentencing judge an opportunity to explain the basis for the sentences he imposed. The Appeals Court then affirmed the convictions on the filed charges but vacated the sentences and remanded for resentencing due to doubts it had concerning their propriety. The Supreme Judicial Court held that the proper disposition of this case was simply to affirm the district court’s judgments without remand for resentencing because, once the convictions were affirmed, no purpose could be served by remanding the matter for resentencing because, while the case was pending in the Appeals Court, Defendant finished serving his sentences, rendering moot any error. View "Commonwealth v. Padua" on Justia Law

Posted in: Criminal Law

Comments are closed.