Opinion
14-P-971
06-19-2015
COMMONWEALTH v. JIMMY LEE CRAPPS, JR.
NOTICE: Summary decisions issued by the Appeals Court pursuant to its rule 1:28, as amended by 73 Mass. App. Ct. 1001 (2009), are primarily directed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, such decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28 issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260 n.4 (2008).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The Commonwealth appeals from a Superior Court's order allowing the defendant's motion to receive credit for time served. This case is controlled by Commonwealth v. Holmes, 469 Mass. 1010 (2014). The credit applied in this case was based upon "dead time" served for an unrelated conviction. The defendant was discharged from parole for the unrelated conviction before he committed the new crime. It is impermissible to allow jail credits in this situation. See id. at 1012 ("Although we acknowledge that the defendant will have served dead time on his 1997 sentence, we cannot allow him credit toward his 2003 convictions, especially where he completed serving his 1997 sentence before committing any new crimes. Credit for time served on a vacated conviction cannot be applied against time to be served on new and unrelated sentences in this fashion"). The order allowing the defendant's motion to receive credit for time served is vacated.
There is no merit to the defendant's assertion that Holmes is inapplicable to this case.
The defendant was granted a new trial due to a constitutional error in the trial for the unrelated conviction. The Commonwealth filed a nolle prosequi instead of proceeding with the new trial.
So ordered.
By the Court (Trainor, Agnes & Blake, JJ.),
The panelists are listed in order of seniority. --------
Clerk Entered: June 19, 2015.