Commonwealth v. Walters
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The Supreme Court affirmed the decision of the resentencing judge, holding that Defendant’s resentencing scheme was neither illegal nor unconstitutional.
Defendant was convicted of stalking, harassment, two counts of restraining order violations, and two counts of perjury. While Defendant was serving his stalking sentence, that conviction was vacated for insufficiency of the evidence. Defendant was then resentenced on the remaining convictions. On appeal, Defendant argued that the structure of his resentencing scheme was illegal. The Appeals Court dismissed Defendant’s case as moot. The Supreme Court granted further appellate review and affirmed the decision of the resentencing judge, holding that Defendant’s resentencing scheme was both legal and constitutional.
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