Commonwealth v. Rodriguez

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The Supreme Judicial Court answered in the affirmative a reported question, holding that a defendant who has pled guilty to possession of a large capacity feeding device in violation of Mass. Gen. Laws ch. 269, 10(m) may lawfully be sentenced to State prison for not less than one year nor more than two and one-half years. Defendant in this case pleaded guilty to possession of a large capacity feeding device and related offenses. Over the Commonwealth's objection, Defendant was sentenced to a term of from one to two and one-half years' imprisonment. The Commonwealth filed a motion for reconsideration, seeking a sentence of at least two and one-half years. The trial judge reported a question to the Appeals Court. The Supreme Judicial Court transferred the case to this Court on its own motion and answered the question as follows: A defendant who was been convicted of possession of a large capacity feeding device lawfully may be sentenced to State prison for not less than one year nor more than two and one-half years. View "Commonwealth v. Rodriguez" on Justia Law