(a) A defendant may file a notice of appeal for review of an otherwise final sentence if:

1. (1) the sentence was imposed in violation of law; or
2. (2) the sentence was imposed as a result of an incorrect application of the sentencing guidelines; or
3. (3) the departure upward from the applicable guideline range was an abuse of discretion; or
4. (4) the sentence was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.

(b) The commonwealth, with the personal approval of the attorney general or a district attorney, may appeal an otherwise final sentence if:

1. (1) the sentence was imposed in violation of law;
2. (2) the sentence was imposed as a result of an incorrect application of the sentencing guidelines;
3. (3) the departure downward from the applicable guideline range was an abuse of discretion; or
4. (4) the sentence was imposed for an offense for which there is no sentencing guideline and is plainly unreasonable.

(c) In the case of a plea agreement entered into pursuant to Rule twelve of the Massachusetts rules of criminal procedure:

1. (1) a defendant may not appeal a sentence unless the sentence imposed is greater than the sentence prescribed by the sentencing guidelines; and
2. (2) the commonwealth may not appeal a sentence unless the sentence imposed is less than the sentence prescribed by the sentencing guidelines.
3. (3) a sentence imposed by the court in accordance with the recommendation of either the defendant or the commonwealth may not be appealed by the party which made the recommendation; and a sentence imposed in accordance with a jointly-agreed recommendation may not be appealed by either the defendant or the commonwealth.