Commonwealth v. Montarvo
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The Supreme Judicial Court held that Mass. Gen. Laws ch. 279, 25(a) of the habitual offender statute allows sentencing judges to impose probation on defendants who fall within its ambit.
Defendant was convicted of assault and battery with a dangerous weapon and armed assault with intent to murder. The trial judge found that section 25(a)'s enhancements applied to Defendant but rejected Defendant's argument that the statute allowed the judge to impose probation. The judge then sentenced Defendant to a term of imprisonment. The Supreme Judicial Court disagreed and vacated Defendant's sentence, holding that section 25(a) provides sentencing judges with the discretion to impose probation.
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