Commonwealth v. Walters
Commonwealth v. Walters
Opinion of the Court
**277The defendant, Michael J. Walters, was convicted by a jury in the Superior Court of stalking, harassment, two counts of restraining order violations, and two counts of perjury. While he was serving his State prison sentence for stalking, that conviction was vacated by this court because the evidence was insufficient. Commonwealth v. Walters,
Background. 1. First trial and sentences. On June 12, 2012, the defendant was convicted of stalking, G. L. c. 265, § 43 (a ) ; criminal harassment, G. L. c. 265, § 43A (a ) ; two counts of restraining order violations, G. L. c. 209A, § 7 ; and two counts of perjury, G. L. c. 268, § 1. The trial judge sentenced the defendant to the following: on the charge of stalking, from three to four years in a State prison; on the charge of criminal harassment, two and one-half years in a house of correction, concurrent with the stalking sentence; on the charge of a restraining order violation (first count), two and one-half years in a house of correction, concurrent with the stalking sentence; on the charge of perjury (first count), from two to three years in a State prison on and after the stalking sentence; on the charge of a restraining order violation (second count), two and one-half years in a house of correction, suspended for five years with probation on and after all incarceration; and on the charge of perjury (second count), five years' probation on and after all incarceration. That day, the defendant's bail was revoked and he was transferred to a State prison, the Massachusetts Correctional Institution at Cedar Junction, where he began serving his stalking sentence, before being transferred to the Bay State Correctional Center
**2792. Resentencing. On December 11, 2015, the stalking charge was vacated and dismissed, and the defendant was resentenced by the trial judge to the following: on the charge of criminal harassment, two and one-half years in a house of correction, nunc pro tunc to June 12, 2012; on the charge of a restraining order violation (first count), two and one-half years in a house of correction, nunc pro tunc to June 12, 2012, concurrent with the sentence for criminal harassment; on the charge of perjury (first count), from two to three years in a State prison on and after the criminal harassment sentence; on the charge of a restraining order violation (second count), two and one-half years in a house of correction, suspended for five years with probation on and after all incarceration; and on the charge of perjury (second count), five years' probation on and after all incarceration.
Discussion. 1. Mootness. The Commonwealth argues that the defendant's place of confinement is a moot issue because the defendant has already been released from prison. The defendant argues that the structure of his resentencing scheme ultimately determines when his probation will end. Therefore, had the resentencing judge granted his request-that his perjury sentence be deemed time served with the criminal harassment and G. L. c. 209A violation sentences having run concurrently-he would have been released from State prison on the date of his *767resentencing, December 11, 2015, after serving more than the maximum of his three-year sentence for perjury.
An issue only becomes moot once a defendant would no longer be personally affected by the resulting decision. See, e.g., Blake v. Massachusetts Parole Bd.,
2. Resentencing. The defendant argues that his sentence was excessive and incongruous with the applicable statutes because he was forced to serve State prison sentences for crimes that only carried house of correction sentences. He also argues that his sentence was illegal because the resentencing judge did not properly apply our holding in Brown v. Commissioner of Correction,
Our review of criminal sentences is limited. Commonwealth v. Coleman,
"An 'illegal sentence' is one that is in excess of the punishment prescribed by the relevant statutory provision or in some way contrary to the applicable statute," Commonwealth v. Layne,
A sentence is "in excess" of the prescribed punishment if the defendant is sentenced to any length of time beyond the maximum permitted by the violated statute. See **281Commonwealth v. McGhee,
The defendant argues that his sentence was excessive because, after resentencing, he served his sentence for a misdemeanor in a State prison. He argues that a State prison is a place of more serious punishment than a house of correction, and he was therefore confined with more serious offenders. Similarly, the defendant asserts that his sentence is contrary to G. L. c. 265, § 43A (criminal harassment statute), because the statute mandates that the defendant be sentenced to a house of correction-in addition to or in lieu of a fine. However, serving the entirety of his house of correction sentence in a State prison was not illegal because it did not exceed the punishment prescribed by nor was it contrary to the violated statute. See McGuinness,
The second reason an imposed sentence can be deemed illegal is if the resentencing judge premises that sentence on an error or misunderstanding of law. See, e.g., Commonwealth v. Azar,
The defendant argues that his sentence was illegal because the resentencing judge did not properly apply this court's holding in Brown,
The defendant argues that, according to our holding in Brown, all sentences deemed to commence "from and after" an earlier invalid sentence must be held to commence when both sentences were originally imposed. However, the defendant's reading of Brown is too broad. Our holding in Brown is limited to cases in which the defendant would have served dead time. Gardner v. Commissioner of Correction,
Here, the defendant does not face the potential for dead time because only one of his original convictions was vacated. He was therefore serving the concurrent sentences on two standing convictions **283until the "from and after" sentence for perjury began. Similar to the defendant in Gardner, the defendant here was credited for all the time he had served, and Brown is not controlling in this instance.
A dependent relationship exists between the different components of a sentencing scheme. See, e.g., Commonwealth v. Parrillo,
Although an anchor sentence may have been vacated and therefore no longer functions as a punishment for the defendant, the anchor sentence still provides insight regarding the original sentencing judge's intent when punishing multiple *770crimes. Wolcott, petitioner,
In the instant case, we have the benefit of analyzing both the anchor sentence and the intention of the judge. The sentencing structure distinguished between the crimes that are victim-centered and the two convictions of perjury; the victim-centered sentences ran concurrently, and once they were served, the perjury sentences were to begin "from and after." Further, the judge voiced her intention of differentiating between the victim-centered crimes of stalking, harassment, and G. L. c. 209A violations **284and the perjury crimes.
The judge had discretion to determine the resentencing structure as long as she did not add additional time to the original, lawfully imposed sentence. See Cumming,
The defendant's resentencing scheme is neither illegal nor unconstitutional; therefore, the decision of the Superior Court judge is affirmed.
So ordered.
The Bay State Correctional Center at Norfolk was a small, general population, medium security State prison that stood on the grounds of the original dormitory buildings of the Massachusetts Correctional Institution at Norfolk. It was closed in December, 2015. A medium security facility holds inmates who may still pose a risk to security; however, they have demonstrated a willingness to comply with institutional rules and regulations. There are increased job and program opportunities at this level of security.
The North Central Correctional Institution at Gardner is a medium security State prison that houses over 1,000 inmates.
The defendant had served three years, five months, and twenty-nine days at the date of his resentencing.
The defendant also argues that this time difference may be even greater based on "good time" earned. We need not address the accuracy of his calculations in light of the result we reach because it is clear that his probation date would be affected regardless of any time earned.
By the date of his resentencing, the defendant had been in State prison for more than three years. Because the entire sentence was dated nunc pro tunc to June 12, 2012, the perjury sentence of from two to three years in State prison began approximately in December, 2014, after the two and one-half year sentences for criminal harassment and the restraining order violation (first count) had been served. As a result, the defendant remained in State prison until December 7, 2016, when he was released to begin his probation. He served a total of four years, five months, and twenty-five days in State prison.
"Dead time" in this context is "time served under an invalid sentence for which no credit is given." Gardner v. Commissioner of Correction,
During the resentencing hearing, the judge said: "The [c]ourt in doing its sentencing structure grouped, in effect, stalking, harassment, and [G. L. c.] 209A because they related to acts committed with domestic abuse, and the [c]ourt imposed sentences on those that were concurrent. The [c]ourt intentionally did not impose a perjury sentence that was concurrent because the [c]ourt deems that to be a crime different in nature and requiring independent punishment, and therefore, imposed an on and after sentence on that."
The defendant is currently serving five years of probation.
Reference
- Full Case Name
- COMMONWEALTH v. Michael WALTERS.
- Cited By
- 16 cases
- Status
- Published