COMMONWEALTH v. RODRIGUEZ

SJC-10825.

461 Mass. 256 (2012)

COMMONWEALTH v. MARCOS RODRIGUEZ.

Supreme Judicial Court of Massachusetts, Suffolk.

January 12, 2012.


Attorney(s) appearing for the Case

Kris C. Foster , Assistant District Attorney, for the Commonwealth.

Michael A. Waryasz for the defendant.

Mark G. Mastroianni , District Attorney, & Jane Davidson Montori & Katherine E. McMahon , Assistant District Attorneys, for District Attorney for the Hampden District & others, amici curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


GANTS, J.

The issue in this case is whether a judge has the authority under Mass. R. Crim. P. 29 (a), 378 Mass. 899 (1979), to reduce a sentence after the defendant and the Commonwealth had entered into a plea agreement in which the Commonwealth agreed not to seek indictments against the defendant on the pending charges, the defendant had agreed to plead guilty to the charges and join the prosecutor's sentencing recommendation, and the judge had imposed the recommended...

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