Commonwealth v. Sallop, 472 Mass. 568

In 2002 George Sallop pleaded guilty to multiple offenses including two counts of rape of a child with force, and received concurrent committed terms; he also was sentenced to community parole supervision for life (CPSL) on one count.
After Commonwealth v. Pagan (statute vague as applied), Sallop moved to correct sentences; by 2009 a different judge vacated the CPSL and restructured sentences: vacated committed time on counts 3 and 4 and imposed two concurrent ten-year probation terms (GPS monitoring a condition) to run from and after completion of counts 1 and 2.
At resentencing Sallop had fully served the original sentence for count 4 but had about 1–2 years remaining on the nine-to-ten year sentence for count 3.
Sallop challenged the GPS condition and the restructuring; Appeals Court affirmed denial of his motion to vacate the GPS condition under rule 1:28.
The Supreme Judicial Court limited review to whether imposing probation to run after committed sentences that had been fully served (or would be fully served before probation begins) violates double jeopardy, and whether resentencing increased aggregate punishment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether resentencing a completed-count to probation after vacating CPSL violates double jeopardy	Commonwealth: allowed if aggregate scheme not increased	Sallop: resentencing on a count already fully served violates double jeopardy	Resentencing on a count already fully served violates double jeopardy
Whether replacing uncompleted committed time with probation violates double jeopardy	Commonwealth: permitted so long as aggregate punishment not increased	Sallop: replacement can increase punishment if probation revocation leads to greater incarceration	Allowed when original sentence not fully served, provided total incarceration is not increased
Effect of probation revocation on potential incarceration relative to original sentence	Commonwealth urged revisiting Cumming limitation	Sallop: revocation cannot subject him to incarceration exceeding remaining original term	Court upheld Cumming rule: maximum incarceration on revocation limited to time remaining on original uncompleted sentence
Remedy for improperly resentenced completed-count	Commonwealth relied on Leggett (broad)	Sallop: reinstatement of original sentence on fully served count required	Court ordered reinstatement of original completed sentence and modification of probation terms to preserve double jeopardy limits

Commonwealth v. Pagan, 445 Mass. 161 (statute vague as applied to first-time sex offenders)
Commonwealth v. Cumming, 466 Mass. 467 (replacement of CPSL with probation limited to avoid increasing aggregate punishment on revocation)
Commonwealth v. Cole, 468 Mass. 294 (CPSL vacatur permits resentencing except where double jeopardy bars it)
Commonwealth v. Parrillo, 468 Mass. 318 (resentencing barred where original sentence fully served)
Commonwealth v. Leggett, 82 Mass. App. Ct. 730 (earlier Appeals Court view on aggregate sentence argument)
Commonwealth v. Scott, 86 Mass. App. Ct. 812 (post-Parrillo/Cole observation on Leggett's limited continuing force)