Patten

Massachusetts Appeals Court

Patten

369 N.E.2d 1041, 5 Mass. App. Ct. 897, 1977 Mass. App. LEXIS 884

DecidedDecember 2, 1977

StatusPublished

This text of 369 N.E.2d 1041 (Patten) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Patten, 369 N.E.2d 1041, 5 Mass. App. Ct. 897, 1977 Mass. App. LEXIS 884 (Mass. Ct. App. 1977).

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Opinion

We need not pass upon the petitioner’s contention that the respondent has no right of appeal from a judgment of the Superior Court discharging the petitioner from custody, pursuant to G. L. c. 248, § 23 (see Note, 41 Harv. L. Rev. 902, 905 [1928]), in view of our determination that there was no error in that judgment. For the reasons given in Wood v. Commissioner of Correction, 363 Mass. 79 (1973), in construing the good conduct forfeiture provisions of G. L. c. 127, § 83B, which substantially track the critical provisions of § 49 of that chapter, which are the subject matter of this appeal, we hold that the judge was right in his ruling that only good conduct deductions earned on the sentence being served at the time of the petitioner’s escape from a work release program were to be forfeited and not those which might be earned thereafter on the same sentence following the petitioner’s return. We are not persuaded by the respondent’s argument that additional language contained in § 49 requires a different result.

Judgment affirmed.

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We need not pass upon the petitioner’s contention that the respondent has no right of appeal from a judgment of the Superior Court discharging the petitioner from custody, pursuant to G. L. c. 248, § 23 (see Note, 41 Harv. L. Rev. 902, 905 [1928]), in view of our determination that there was no error in that judgment. For the reasons given in Wood v. Commissioner of Correction, 363 Mass. 79 (1973), in construing the good conduct forfeiture provisions of G. L. c. 127, § 83B, which substantially track the critical provisions of § 49 of that chapter, which are the subject matter of this appeal, we hold that the judge was right in his ruling that only good conduct deductions earned on the sentence being served at the time of the petitioner’s escape from a work release program were to be forfeited and not those which might be earned thereafter on the same sentence following the petitioner’s return. We are not persuaded by the respondent’s argument that additional language contained in § 49 requires a different result.

Judgment affirmed.

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Bluebook (online)

369 N.E.2d 1041, 5 Mass. App. Ct. 897, 1977 Mass. App. LEXIS 884, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patten-massappct-1977.

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