1-A. Remand. If the Supreme Judicial Court determines that relief should be granted, it must remand the case to the court that imposed the sentence for any further proceedings that could have been conducted prior to the imposition of the sentence under review and for resentencing on the basis of such further proceedings provided that the sentence is not more severe than the sentence appealed.
[ 1991, c. 525, §4 (NEW) .]
2. Affirmation of sentence. If the Supreme Judicial Court determines that relief should not be granted, it shall affirm the sentence under review.
[ 1989, c. 218, §5 (NEW) .]
SECTION HISTORY
1989, c. 218, §5 (NEW). 1991, c. 525, §§3,4 (AMD).
1-A. Remand. If the Supreme Judicial Court determines that relief should be granted, it must remand the case to the court that imposed the sentence for any further proceedings that could have been conducted prior to the imposition of the sentence under review and for resentencing on the basis of such further proceedings provided that the sentence is not more severe than the sentence appealed.
[ 1991, c. 525, §4 (NEW) .]
2. Affirmation of sentence. If the Supreme Judicial Court determines that relief should not be granted, it shall affirm the sentence under review.
[ 1989, c. 218, §5 (NEW) .]
SECTION HISTORY
1989, c. 218, §5 (NEW). 1991, c. 525, §§3,4 (AMD).
1-A. Remand. If the Supreme Judicial Court determines that relief should be granted, it must remand the case to the court that imposed the sentence for any further proceedings that could have been conducted prior to the imposition of the sentence under review and for resentencing on the basis of such further proceedings provided that the sentence is not more severe than the sentence appealed.
[ 1991, c. 525, §4 (NEW) .]
2. Affirmation of sentence. If the Supreme Judicial Court determines that relief should not be granted, it shall affirm the sentence under review.
[ 1989, c. 218, §5 (NEW) .]
SECTION HISTORY
1989, c. 218, §5 (NEW). 1991, c. 525, §§3,4 (AMD).
