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COMMONWEALTH v. WHITE

436 Mass. 340 (2002)

COMMONWEALTH v. DONALD WHITE.

Supreme Judicial Court of Massachusetts, Suffolk.

March 14, 2002.

Attorney(s) appearing for the Case

Benjamin H. Keehn, Committee for Public Counsel Services, for the defendant.

Susanne Levsen Reardon, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

GREANEY, J.

We granted the defendant's application for direct appellate review to consider whether, in connection with his resentencing (as ordered by the Appeals Court), the resentencing judge had authority to consider information about the defendant's efforts to better himself in prison during the time that elapsed between his original sentencing and his resentencing. We conclude that the resentencing judge possessed such...

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