Opinion
No. 13–P–307.
2014-04-1
COMMONWEALTH v. Kerry OGARRO.
Thus, the judge has discretion to impose a probationary term for such length as she deems necessary. There is no indication that the Legislature intended that terms of probation be limited in the manner the defendant contends. See Commonwealth v. Azar, supra at 78–79 (split sentence of nineteen and one-half to twenty years, with 4,570 days to serve and the balance suspended for ten years “did not exceed the maximum term for manslaughter”); 6 Commonwealth v. Powers, 73 Mass.App.Ct. 186, 188–189 (2008) (five-year probation term did not exceed lawful sentence for threatening to commit a crime as it was neither incarceration nor imposition of a peace bond, for which G.L. c. 275, § 4, mandates no more than a six-month maximum term). In our view, however, the defendant consented implicitly to the term of probation.