Commonwealth v. DonesAnnotate this Case
The Supreme Judicial Court affirmed the judgment of the juvenile court denying the Commonwealth's motion to revise Juvenile's sentence in this case, holding that a juvenile court judge may commit a youthful offender to the custody of the Department of Youth Services (DYS) until his twenty-first birthday and then suspend that commitment with conditions of probation.
Pursuant to a plea agreement, the juvenile court judge adjudicated Juvenile to be a youthful offender. The judge ordered Juvenile committed to DYS until he reached the age of twenty-one and then suspended the commitment with conditions of probation until the day before Juvenile's twenty-first birthday. The Commonwealth moved for a revision of Juvenile's sentence, challenging the judge's decision to suspend Juvenile's commitment to DYS and to place him on probation, but the judge denied the motion. The Supreme Judicial Court affirmed, holding that the juvenile was within his discretion in suspending Juvenile's commitment pursuant to Mass. Gen. Laws ch. 276, 87.