Massachusetts Appeals Court February 4, 1982 (Commonwealth v. Smith)

The defendant filed a motion under Mass.R.Crim.P. 30(a), 378 Mass. 900 (1979), for release from unlawful restraint, alleging that his sentence was illegal because he had not given written consent to a drug treatment order, as required by G. L. c. 123, § 48, as amended by St. 1974, c. 827, §§ 18,19. A judge denied the motion, and the defendant appealed. 1.