Criminal - Armed home invasion – Sentence – Statutory amendment

Tom Egan//July 19, 2011//

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Where a defendant, who was convicted of armed home invasion (with handgun), robbery, rape, assault and battery and indecent assault and battery, filed a motion seeking a correction of his sentence based on an amendment to the armed home invasion charge statute, an order denying that motion should be affirmed on the ground that the amendment was not enacted until after the trial judge sentenced the defendant.

Commonwealth v. Hill (Lawyers Weekly No. 11-122-11) (7 pages) (Rubin, J.) (Appeals Court) Case tried before Brady, J., and motion to correct sentence considered by him. Robert Herrick for the defendant; Kris C. Foster for the commonwealth (Docket No. 10-P-803) (July 18, 2011).