Opinion
11-P-1475
11-09-2011
COMMONWEALTH v. TRANACE WELLS.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 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.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The defendant, Tranace Wells, appeals from the denial of her motion to be credited on her sentence with sixty-three days that she had previously served. The defendant had been held on bail on an unrelated case which was dismissed. If the defendant is not credited the time, she will have done 'dead time,' which our case law discourages. See Commonwealth v. Maldonado, 64 Mass. App. Ct. 250, 252 (2005). The Commonwealth agrees, and, pursuant to our independent duty to review the Commonwealth's confessions of error, we also agree. See Commonwealth v. Poirier, 458 Mass. 1014, 1015 (2010). Accordingly, the order denying the defendant's motion is reversed, and the defendant shall be credited with sixty-three days on the sentence imposed by Judge Donovan on September 29, 2010, in indictment number SUCR2009- 10804.
So ordered.
By the Court , (Cypher, Meade & Hanlon, JJ.),