In Commonwealth v. David Lydon, SJC-12289, the Supreme Judicial Court ruled today that when an inmate is serving a house of correction sentence and awaiting trial for an unrelated Superior Court case, at sentencing the Superior Court Judge must consider using his discretion to impose a concurrent State Prison sentence nunc pro tunc to the commencement of a house of correction sentence.
In Lydon, the Defendant was on probation for a number of offenses in District Court and was arrested and charged with a new robbery charge. The Defendant was sentenced on the probation violation and began serving that sentence while awaiting indictment and trial on the Robbery charges in Superior Court. When he pleaded guilty to the robbery charges, the Defendant asked the Court to award him jail credits for the 132 days that he had been held since receiving the probation sentence. Although the Defendant was not entitled to direct jail credits on the new sentence, the Supreme Judicial Court ruled that the Superior Court should have considered imposing the robbery State Prison sentence retroactively (or “nunc pro tunc”) to the date upon which the Defendant began serving the the probation sentence.
The Supreme Judicial Court remanded the case to the Superior Court to reconsider whether to award jail credits for the 132 uncredited days.