November 1, 2018
Practice, Criminal, Mittimus, Sentence.
Imprisonment, Credit for time served. Pretrial
INDICTMENTS found and returned in the Superior Court
Department on October 25, 2012, and December 10, 2013. A
motion to correct the mittimus was considered by Douglas H.
Wilkins, J., and a motion for reconsideration, filed on June
19, 2017, was considered by him.
Crane, Cambridge, for the defendant.
Timothy Ferriter, Assistant District Attorney, for the
Agnes, Blake, & Neyman, JJ.
N.E.3d 258] The defendant, Washington Pearson, was convicted
of crimes stemming from multiple discrete acts committed in
Norfolk and Middlesex counties. Following separate jury
trials in the Superior Court in the respective counties where
he committed the crimes, the defendant was convicted and
sentenced to concurrent sentences to State prison. The
defendant now appeals from an order denying the application
of jail credits for overlapping periods of pretrial detention
on the separate cases brought in Middlesex County (Middlesex
case) and Norfolk County (Norfolk case). Specifically, he
contends that because the trial in the Middlesex case
and the trial in the Norfolk case stemmed from the same
course of criminal conduct, the cases were
"related," such that he "was entitled to apply
the jail credit he received for his pretrial confinement
against the highest sentence imposed in either case." We
Norfolk case .
Norfolk case stemmed from four incidents. On January 26,
2012, the defendant broke into a home on Centre Street in
Brookline and stole various valuable items. On February 6,
2012, the defendant broke into a home on Verndale Street in
Brookline and stole several items including credit cards. The
credit cards were later used the same day at stores in Boston
and Cambridge. On February 8, 2012, the defendant broke into
an apartment on James Street in Brookline and stole various
items including an engagement ring, wedding band, and
prescription pill bottle. Also on February 8, 2012, the
defendant broke into a different apartment on James Street in
Brookline and stole a camera, prescription pill bottle, and
an "iPad" tablet computer.