Commonwealth v. McGonagle

SJC-12292 (2018)

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Commonwealth v. McGonagle

Massachusetts Supreme Judicial Court
SJC-12292 (2018)

Facts

Shawn A. McGonagle (defendant) was convicted of assault and battery. The Commonwealth (plaintiff) recommended the maximum sentence of two and one-half years to be served after McGonagle’s release on an unrelated sentence. McGonagle requested a nine-month concurrent sentence. The victim agreed with the prosecutor’s recommendation. The court imposed an 18-month concurrent sentence. On appeal, McGonagle argued that the Massachusetts statute that permitted victims to recommend a particular sentence violated federal and state constitutional prohibitions against cruel and unusual punishment and due process.

Rule of Law

Issue

Holding and Reasoning (Lowy, J.)

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