Facts:
Defendant Kate Dotson was convicted of disorderly conduct after an argument
with her boyfriend on July 13th 2008 near her Dorchester home. On February 9th, 2010 the
defendant filed a motion to correct her sentence by arguing that the two year
period of her probation sentence was no longer valid because the Legislature
had amended Mass. R. Crim. P.30(a) to reduce a first time offense of disorderly
conduct to a fine in 2009. She argued
that this amendment occurred before the time of her trial and conviction and
therefore the two years of probation exceeded the maximum penalty she could
receive as a first time offender. The
district judge denied her motion to correct the illegal sentence and she
appealed.
Issue:
Whether the 2009 amendment to G.L. c. 272, §53, that changed the punishment for a first offense, which
became effective after the defendant engaged in disorderly conduct but before
the time of her trial constituted a repeal of the prior version of that statute,
thus, making the two years of probation that was issued an “illegal” sentence.
No – The
defendant's punishment was incurred on July 13th 2008, the date she
committed the offense of disorderly conduct which was before the effective date
of the repeal. Therefore, the defendant’s punishment would follow the G.L. c.
272 §53 version that was in effect on
July 13th, 2008. The court
reasoned that legislation is not applied retroactively unless there is an
expressed intention to do so. The 2009
amendment to G.L. c. 272, §53
did not demonstrate a retroactive intention and as a result the defendant who
committed the offense before the amendment cannot receive the lessened penalty
for a first time offense of disorderly conduct.
Judgment: Affirmed (CA).
