Commonwealth v. Parrillo (Lawyers Weekly No. 10-101-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC‑11414 COMMONWEALTH vs. JOHN J. PARRILLO. Bristol. November 5, 2013. ‑ June 11, 2014. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. Community Parole Supervision for Life. Constitutional Law, Sentence, Sex offender, Double jeopardy. Practice, Criminal, Sentence, Double jeopardy. Sex Offender. Open and Gross Lewdness and Lascivious Behavior. Indecent Assault and Battery. Complaint received and sworn to in the Attleboro Division of the District Court Department on December 4, 2006. A motion to correct sentence, filed on November 17, 2010, was considered by Robert E. Baylor, J. The Supreme Judicial Court on its own initiative transferred the case from the Appeals Court. Beth L. Eisenberg, Committee for Public Counsel Services (John J. Connors with her) for the defendant. Owen J. Murphy, Assistant District Attorney (Roger L. Michel, Jr., Assistant District Attorney, with him) for the Commonwealth. CORDY, J. The defendant, John J. Parrillo, was convicted in 2008 of indecent assault and battery on a person over the age of fourteen, in violation of G. L. c. 265, § 13H, among other charges. He was sentenced to a period of imprisonment, probation, and community parole supervision for life (CPSL). He appeals the denial of his motion to correct an illegal sentence, CPSL, pursuant to Mass. R. Crim. P. 30 (a), as appearing in 435 Mass. 1501 (2001), on various grounds, including that his CPSL sentence is unconstitutional. We transferred the case on our own motion from the Appeals Court and heard the case concurrently with Commonwealth v. Cole, ante (2014), and others raising questions regarding the constitutionality of the CPSL sentence. The court held today in Cole that G. L. c. 127, § 133D (c), violates our separation of powers principles by delegating the distinctly judicial power to impose sentences to the parole board, an agency of the executive branch. The court further concluded that this unconstitutional provision is not severable from the remainder of the CPSL scheme, thereby rendering the CPSL sentence unconstitutional. See Cole, supra at . Pursuant to the holding in Cole, we vacate the defendant’s CPSL sentence and remand for resentencing. Background. In 2008, a jury found the defendant guilty of indecent assault and battery on a person over the age of fourteen, G. L. c. 265, § 13H; simple assault and battery, G. L. c. 265, § 13A; and open and gross lewdness, G. L. […]