Commonwealth v. Williamson
462 Mass. 676
| Mass. | 2012Background
- Defendant pleaded guilty to failing to register as a sex offender, first offense, under G. L. c. 6, § 178H (a) (3) and was sentenced to one year in a house of correction; a CPSL component was later memorialized on the docket.
- The trial judge did not announce CPSL in open court at sentencing, but CPSL appeared on the docket/indictment thereafter.
- Defendant moved to correct sentence, arguing CPSL was discretionary and not properly imposed in open court; the trial judge denied the motion.
- The case was transferred to the Appeals Court for review; the Commonwealth contends CPSL is mandatory under the statute.
- Mass. General Laws c. 6, § 178H (a) (3) refers to a discretionary imposition of CPSL for level 2 or 3 offenders, unlike subsections (a) (1) and (a) (2).
- The court holds that CPSL is discretionary under § 178H (a) (3) and remands for resentencing to permit proper exercise of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CPSL is discretionary or mandatory under § 178H (a) (3). | Commonwealth argues CPSL is mandatory. | Commonwealth? (Defendant) contends CPSL is discretionary. | Discretionary; CPSL may be imposed at judge’s discretion. |
| Whether the defendant had sufficient notice of CPSL given it was not announced in open court. | Commonwealth maintains notice via plea colloquy and joint recommendation. | Defendant lacked explicit open-court pronouncement of CPSL. | No material conflict; defendant had notice; CPSL remains subject to judicial discretion on remand. |
| Whether the sentence must be vacated and remanded for resentencing due to potential sentencing error. | Commonwealth argues no error in imposing CPSL. | Discretionary CPSL not properly exercised due to misperception of mandatory nature. | Remand for resentencing to allow proper exercise of discretion. |
Key Cases Cited
- Commonwealth v. Rosado, 450 Mass. 657 (Mass. 2008) (discussion of sex offender registration framework and classification)
- Commonwealth v. Maker, 459 Mass. 46 (Mass. 2011) (levels of sex offender registration and verification requirements)
- Commonwealth v. Kately, 461 Mass. 575 (Mass. 2012) (CPSL mandatory under certain subsections; assumption debated)
- Katz v. Commonwealth, 379 Mass. 305 (Mass. 1979) (right to be present at sentencing; remedy for sentencing error)
- Commonwealth v. Pagan, 445 Mass. 161 (Mass. 2005) (discretion in sentencing under G. L. c. 275, § 18; illustration of factors)
- Raposo, 453 Mass. 739 (Mass. 2009) (legislative intent in statutory interpretation)
- Commonwealth v. Leis, 355 Mass. 189 (Mass. 1969) (broad sentencing discretion principles)