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Appeals court hears challenge to judge’s early termination of restitution and probation
Summary
The Commonwealth urged reversal after a motion judge terminated probation and vacated restitution in a trust-fraud case; the Commonwealth argued the judge exceeded authority and misapplied Commonwealth v. Henry and Rule 29 limits on revising sentences.
The Appeals Court heard argument in Commonwealth v. Maderos about whether a motion judge lawfully terminated a long probationary sentence and vacated a restitution order for a bookkeeper convicted of stealing more than $1.4 million.
Why it matters: the case raises whether trial judges may materially reduce or terminate probation many years after sentence and whether the SJC’s decision in Commonwealth v. Henry (and related cases such as Goodwin and Rule 29) limit that authority.
Assistant District Attorney Bridal Rolfe told the panel that…
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