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SHARRIS v. COMMONWEALTH

SJC-12165.

480 Mass. 586 (2018)

STANLEY V. SHARRIS, JR. v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

September 17, 2018.

Attorney(s) appearing for the Case

Paul R. Rudof, Committee for Public Counsel Services, for the defendant.

Heidi M. Ohrt-Gaskill, Assistant District Attorney, for the Commonwealth.

Crystal L. Lyons, Assistant District Attorney, for the District Attorney for the Northern District, was present but did not argue.

Kevin S. Prussia, Matthew C. Tymann, & Annaleigh E. Curtis, for Massachusetts Association of Criminal Defense Lawyers, amicus curiae, submitted a brief.

Present: GANTS, C.J., GAZIANO, LOWY, CYPHER, & KAFKER, JJ.

General Laws c. 123, § 16 (f), provides for the dismissal of criminal charges when an individual is found incompetent to stand trial. The statute requires mandatory dismissal of charges at the time when the individual would have been eligible for parole if he or she had been convicted and had been sentenced to the maximum...

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