COMMONWEALTH v. ARROYO

SJC-10115

451 Mass. 1010 (2008)

COMMONWEALTH v. DANIEL ARROYO.

Supreme Judicial Court of Massachusetts.

May 19, 2008.


Attorney(s) appearing for the Case

Donna Jalbert Patalano for the defendant.

Anne M. Thomas, Assistant District Attorney, for the Commonwealth.


Daniel Arroyo appealed from an order of a Superior Court judge revoking his probation and committing him to serve a State prison term of from three to five years. The Appeals Court affirmed the order, concluding that, although the judge erred in considering evidence of an alleged criminal offense that occurred after the probationary term had expired, it was "convinced that in this case, unlike in [Commonwealth v. Aquino, 445 Mass. 446

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