Appeals Court (December 8, 2005)
A filed conviction may be revived for sentencing when a related conviction is reversed on appeal, or when the defendant violates a condition imposed at the time of filing.
The defendant pleaded guilty to 12 indictments. He was sentenced to concurrent terms of 8 to 12 years on 6 of the convictions, and the remaining 6 convictions were "placed on file." After serving his sentences, the defendant was released, and soon thereafter he was charged with armed robbery. This new charged prompted the Commonwealth to bring forward his filed conviction for armed assault with intent to rob, and the defendant was sentenced to 18 to 20 years on this revived conviction.
On appeal from the denial of his Rule 30(a) motion, the Appeals Court held that his filed conviction was improperly brought forward for sentencing. The court held that the procedure of reviving a filed conviction has been approved in only two circumstances: (1) when a related conviction is reversed on appeal; and (2) upon a breach of explicit conditions imposed in connection with the filing. Because the filed conviction did not relate to a conviction reversed on appeal, and because no conditions were set on the file conviction at time of his guilty plea, the court vacated his sentence.