Commonwealth v. LydonAnnotate this Case
In appropriate circumstances a judge has discretion to impose a concurrent State prison sentence nunc pro tunc to the commencement of a house of correction sentence then being served.
Defendant appealed from an order denying his motion for credit for time served in a house of correction for one set of offenses while he was awaiting trial on a second-unrelated set of offenses. The appeals court affirmed. The Supreme Court vacated the superior court judge’s order denying the motion for jail credit, holding that although Defendant was not entitled as of right to the credit he sought, the superior court judge failed to consider whether the circumstances warranted ordering Defendant’s concurrent State prison sentence to commence nunc pro tunc to commencement of the house of correction sentence.