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Appeals court hears dueling readings of sentence ranges under section 10M after Rodriguez

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Summary

In Kamalov v. Da Silva the Commonwealth urged the court to read chapter 10M to require a "minimum-maximum" sentence (e.g., a lower-end range floor such as 1 to 2.5 years) to preserve statutory words; defense urged applying lenity and upholding judge's discretion. Judges probed statutory structure and Rodriguez precedents.

The Appeals Court on April 3 heard argument over how to read overlapping sentencing phrases in G.L. c. 275, (10M) and related statutory provisions in Kamalov v. Da Silva.

Assistant District Attorney arguing for the Commonwealth urged the court to harmonize statutory language so that courts supply a "minimum-maximum" sentence that preserves the statutes components. Counsel said Rodriguez requires the court…

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