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Appeals court hears challenge to GPS monitoring and probation procedures in Lucero case
Summary
Defense argued that the March 2023 hearing is the only properly appealable event and that the record lacks individualized Grady/Feliz hearings before GPS imposition; Commonwealth urged that multiple violations, interstate convictions and a June 7, 2021 reprobation supported the sentence. The panel questioned the interplay of violations and resentencing needs.
The panel considered arguments in Commonwealth v. Lucero over whether the trial court properly imposed GPS monitoring and extended probation without the individualized procedural protections recent case law requires. "He never had a Felice hearing nor did he have a grading hearing," defense counsel Anne O'Reilly told the court, pressing that later orders could not cure constitutional or statutory defects if the…
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