10: A defendant with no prior record has been convicted
of Home Invasion, a level 8 offense. The applicable sentencing
guidelines range for a defendant in criminal history category
A (No/Minor Record) convicted of a level 8 offense
is 96 to 144 months. However, GL c. 265, § 18C directs
the sentencing judge to impose a minimum sentence of 20 years
in state prison if a sentence of incarceration is imposed.
these circumstances the guidelines permit a judge to sentence
the defendant to a Not More Than (NMT) term of incarceration
in accordance with the prescribed sentencing guidelines
range of 96 to 144 months, even though the sentence would
be below the statutory minimum. Such a sentence would not
constitute a departure.
imposition of the statutory minimum term would also not
constitute a departure. The guidelines permit the judge
to sentence the defendant to the statutory minimum 20 years
in state prison even though the sentence would be above
the prescribed sentencing guidelines range.