Commonwealth v. Beverly
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The Supreme Judicial Court affirmed the entry of continuance without a finding and immediate dismissal of the criminal case but held that the disposition cannot be imposed in any such future case because, without the imposition of terms and conditions or probation, the continuance without a finding constituted an illegal sentence and that this disposition shall apply prospectively from the date of this decision.
Defendant was charged with counterfeit drug possession with intent to distribute and other crimes. Defendant admitted to sufficient facts as to the crime. As to the counterfeit drug charge, the sentencing judge found sufficient facts and entered a continuance without a finding. The Commonwealth filed a motion requesting that the sentencing judge revise or revoke the entry of the continuance without a finding because the order was an "illegal disposition" contrary to Mass. Gen. Laws ch. 278, 18. The judge denied the motion without a hearing. The Supreme Judicial court affirmed, holding (1) because the sentencing judge did not impose any terms or conditions on the record, the continuance without a finding was an illegal disposition; and (2) this holding shall apply prospectively from the date of this decision.
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