Commonwealth v. Miguel Remi Dones

Summary

The Massachusetts Supreme Judicial Court held that a Juvenile Court judge may suspend a youthful offender’s commitment to the Department of Youth Services until age twenty-one and impose probationary conditions in lieu of the commitment. The court concluded that the relevant statutes did not prohibit suspension for a youthful offender convicted of unlawful firearm possession, distinguishing the statutory restrictions applicable to delinquent children. The court affirmed the denial of the Commonwealth’s motion to revise the sentence.

Holdings

1. A Juvenile Court judge has discretion under G. L. c. 279, § 2, to suspend a youthful offender's commitment to DYS imposed under G. L. c. 119, § 58 (c), and to impose probationary conditions.
2. The prohibition against suspending the sentence imposed on a person convicted under G. L. c. 269, § 10 (a), does not bar suspension of a youthful offender's DYS commitment under § 58 (c).

Questions Presented

1. Whether a Juvenile Court judge may suspend a youthful offender's commitment to the Department of Youth Services until age twenty-one and impose probation in lieu of the commitment.
2. Whether the firearm-sentencing provisions of G. L. c. 269, § 10 (a), prohibit suspension of a youthful offender's DYS commitment.

Disposition

affirmed