Commonwealth v. Plasse

The Supreme Judicial Court affirmed the denial of Defendant’s motion for release from unlawful confinement and for a new sentencing hearing, holding that, under the circumstances of this case, the judge did not abuse his discretion in imposing a sentence of incarceration following Defendant’s repeated addiction-related violations of probation over a period of several years.Defendant requested the sentence in order to participate in a secure residential drug treatment program. Several months after serving her sentence, however, Defendant sought release from what she termed as an unlawful restraint, as well as a new sentencing hearing. The motion was denied. On appeal, Defendant argued that, in setting the length of Defendant's sentence, the judge abused his discretion when he took into account the time requirements of the rehabilitative program Defendant wished to enter. The Supreme Judicial Court affirmed, holding that there was no abuse his discretion in these limited circumstances. View "Commonwealth v. Plasse" on Justia Law