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Appeals court hears challenge to 244 days of jail credit in Brockton revocation case
Summary
A three-judge panel of the Massachusetts Appeals Court heard oral argument Jan. 6 in Commonwealth v. Thomas over whether a trial judge improperly awarded a defendant 244 days of jail credit that the Commonwealth says had already been applied to a different case.
A three-judge panel of the Massachusetts Appeals Court heard oral argument Jan. 6 in Commonwealth v. Thomas over whether a trial judge improperly awarded a defendant 244 days of jail credit that the Commonwealth says had already been applied to a different case.
The appeal centers on overlapping cases in Stoughton and Brockton and whether the sentencing judge in Brockton double‑credited time the defendant had served while held on revocations in the Stoughton matter. The Commonwealth told the court the 244 days were already applied and that established case law precludes awarding the same pretrial custody credits twice; defense counsel argued the judge had discretion under Rule 29 to revise the sentence to time served.
Why it matters: If the Appeals Court agrees with the Commonwealth, the defendant could be ordered to serve additional time rather than remain deemed to have served the sentence; if the court defers to the trial judge’s discretion the result would…
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