Commonwealth v. CalvaireAnnotate this Case
In 2012, the Boston Municipal Court issued a criminal complaint charging Defendant, who was mentally ill, with assault and battery by means of a dangerous weapon. Defendant has been in custody ever since, but each time the scheduled date approached, the trial was continued or else Defendant was found to be incompetent. Defendant unsuccessfully sought dismissal of the charge pursuant to Mass. Gen. Laws ch. 123, 16(f), under which a defendant who is found incompetent to stand trial is entitled to dismissal of the charge against him corresponding to one-half the maximum sentence the defendant could have received if convicted of the most serious crime with which he was charged. Defendant filed a petition for relief under Mass. Gen. Laws ch. 211, 3. The Supreme Judicial Court denied relief, holding (1) under section 16(f), the basis for the calculation of the date of dismissal is the maximum sentence provided for in the statute, regardless of the court in which the charges are pending; but (2) in this case, dismissal of the charge before the computed date may nevertheless be appropriate in the interest of justice. Remanded.