Commonwealth v. Holmgren, 656 N.E.2d 577 (Mass. 1995). · Go Syfert
Commonwealth v. Holmgren, 656 N.E.2d 577 (Mass. 1995). Cases Citing This Book View Copy Cite
“in a criminal case ... the commonwealth must prove the elements of each crime charged beyond a reasonable doubt. in a probation revocation hearing ... it is proof by a preponderance of the evidence”
108 citation events (94 in the last 25 years) across 7 distinct courts.
Strongest positive: Doe, Sex Offender Registry Board No. 356011 v. Sex Offender Registry Board (massappct, 2015-08-18) · Strongest negative: Commonwealth v. Morse (massappct, 2000-12-18)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Commonwealth v. Morse
Mass. App. Ct. · 2000 · signal: but see · confidence high
See Commonwealth v. Harrison, 429 Mass. 866 , 868 & n.4 (1999) (assuming, without deciding, that such a standard was applicable); but see Commonwealth v. Holmgren, 421 Mass. 224, 226 (1995) (the standard of proof in a revocation proceeding is the civil standard of proof by a preponderance of the evidence); Commonwealth v. Darling, 407 Mass. at 112 (“Revocation proceedings are not part of a criminal prosecution . . . [and] a probationer need not be provided with the full panoply of constitutional protections applicable at a criminal trial”).
discussed Cited as authority (verbatim quote) Doe, Sex Offender Registry Board No. 356011 v. Sex Offender Registry Board (2×) also: Cited as authority (rule)
Mass. App. Ct. · 2015 · quote attribution · 1 verbatim quote · confidence high
the reason for this result lies in the difference in the burden of proof in the two proceedings
discussed Cited as authority (verbatim quote) Doucette v. Massachusetts Parole Board
Mass. App. Ct. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
in a criminal case ... the commonwealth must prove the elements of each crime charged beyond a reasonable doubt. in a probation revocation hearing ... it is proof by a preponderance of the evidence
discussed Cited as authority (verbatim quote) Commonwealth v. Hector H.
Mass. App. Ct. · 2007 · quote attribution · 1 verbatim quote · confidence high
although the burden of proof in a revocation of probation proceeding has been variously described, it is proof by a preponderance of the evidence
discussed Cited as authority (verbatim quote) Commonwealth v. Speight
Mass. App. Ct. · 2003 · signal: see · quote attribution · 1 verbatim quote · confidence high
when probation is revoked, the original suspended sentence must be imposed, if the time has expired within which the sentence may be revised or revoked
discussed Cited as authority (quoted) Commonwealth v. Leopold L., a juvenile
Mass. App. Ct. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
revocation of probation is not punishment for commission of any subsequent crime charged, but rather is a remedial sanction arising from the sentence imposed for the earlier offense
discussed Cited as authority (rule) Commonwealth v. Sonny S., a juvenile
Mass. · 2026 · confidence medium
L. c. 279, § 3 ("If such suspension is revoked, the sentence shall be in full force and effect"); Commonwealth v. Holmgren, 421 Mass. 224, 228 (1995) (contrasting mandatory scheme of G.
discussed Cited as authority (rule) Commonwealth v. Kevin Porter
Mass. App. Ct. · 2025 · confidence medium
This includes, for example, the types of evidence that may be considered.[5] See Commonwealth v. Durling, 407 Mass. 108, 117-118 (1990) (probation violation may be shown by substantially reliable hearsay); 2008 Reporter's Notes, citing Commonwealth v. Holmgren, 421 Mass. 224, 226 (1995) (looking to probation violation procedure for burden of proof in removing case from file based on new criminal offense).
cited Cited as authority (rule) Commonwealth v. Lee H. Carter.
Mass. App. Ct. · 2025 · confidence medium
Commonwealth v. Holmgren, 421 Mass. 224, 227 (1995).
discussed Cited as authority (rule) Commonwealth v. Williams
Mass. App. Ct. · 2023 · confidence medium
Although neither the dismissal of an underlying complaint due to a failure to prosecute, see Commonwealth v. Mejias, 44 Mass. App. Ct. 948, 949 (1998), nor even a defendant's acquittal prior to probation violation proceedings, see Commonwealth v. Holmgren, 421 Mass. 224, 225 (1995), require the termination of violation proceedings, the defendant argues that a nolle prosequi of the underlying complaint should.
discussed Cited as authority (rule) Kimbroughtillery v. Commonwealth (2×) also: Cited "see"
Mass. · 2015 · confidence medium
She testified, among other things, that in early February, 2013, the petitioner had surgery, that he required constant care because he was “really sick,” and that he did not leave the house on February 26. 4 As this court pointed out in Commonwealth v. Holmgren, 421 Mass. 224, 225 (1995), a criminal prosecution and a subsequent probation revocation proceeding have different standards of proof.
discussed Cited as authority (rule) Commonwealth v. Malick
Mass. App. Ct. · 2014 · confidence medium
“Whether it is a desirable *179 rule or not,” revocation of probation requires execution of a suspended sentence “if the time has expired within which the sentence may be revised or revoked” under Mass.R.Crim.P. 29(a), 378 Mass. 899 (1979). 10 Commonwealth v. Holmgren, 421 Mass. 224, 228 (1995).
cited Cited as authority (rule) Commonwealth v. Singleton
Mass. Super. Ct. · 2014 · confidence medium
Commonwealth v. Holmgren, 421 Mass. 224, 228 (1995).
cited Cited as authority (rule) Commonwealth v. Cole
Mass. · 2014 · confidence medium
See Commonwealth v. Azar, 444 Mass. 72, 76 (2005); Commonwealth v. Holmgren, 421 Mass. 224, 228 (1995).
cited Cited as authority (rule) Commonwealth v. Joyner
Mass. · 2014 · confidence medium
See Carchman v. Nash, 473 U.S. 716, 731-732 (1985); Commonwealth v. Holmgren, 421 Mass. 224, 227-228 (1995).
discussed Cited as authority (rule) Soe v. Sex Offender Registry Board
Mass. · 2013 · signal: cf. · confidence medium
Cf. Commonwealth v. Holmgren, 421 Mass. 224, 225-227 (1995) (because burden of proof in probation revocation proceedings is “proof by a preponderance of the evidence,” even where individual has already been acquitted of crime, “[p]rinciples of collateral estoppel do not bar the Commonwealth from revoking probation based on evidence of a violation of law of which a probationer has been found not guilty”).
discussed Cited as authority (rule) Finstad v. Ransom-Sargent Water Users, Inc.
N.D. · 2011 · confidence medium
See, e.g. , Avery v. State , 616 P.2d 872, 874 (Alaska 1980); State v. Jameson , 541 P.2d 912, 915 (Ariz. 1975); In re Coughlin , 545 P.2d 249, 251-55 (Cal. 1976); Russ v. State , 313 So. 2d 758, 760 (Fla. 1975); People v. Colon , 866 N.E.2d 207, 223 (Ill. 2007); Gibson v. State , 616 A.2d 877, 880-82 (Md. 1992); Commonwealth v. Holmgren , 656 N.E.2d 577, 578 (Mass. 1995); State v. Smith , 721 A.2d 847 (R.I. 1998).
discussed Cited as authority (rule) State v. Wetzel
N.D. · 2011 · confidence medium
See, e.g., Avery v. State, 616 P.2d 872, 874 (Alaska 1980); State v. Jameson, 112 Ariz. 315 , 541 P.2d 912, 915 (1975); In re Coughlin, 16 Cal.3d 52 , 127 Cal.Rptr. 337 , 545 P.2d 249, 251-55 (1976); Russ v. State, 313 So.2d 758, 760 (Fla.1975); People v. Colon, 225 Ill.2d 125 , 310 Ill.Dec. 396 , 866 N.E.2d 207, 223 (2007); Gibson v. State, 328 Md. 687 , 616 A.2d 877, 880-82 (1992); Commonwealth v. Holmgren, 421 Mass. 224 , 656 N.E.2d 577, 578 (1995); State v. Smith, 721 A.2d 847 (R.I.1998).
discussed Cited as authority (rule) Commonwealth v. Jackson
Mass. App. Ct. · 2011 · confidence medium
L. c. 279, § 3, ... if the suspension of a sentence is revoked, ‘the sentence shall be in full force and effect.’ The judge ha[s] no choice, once he decide[s] that the suspension of sentence should be revoked.” Commonwealth v. Holmgren, 421 Mass. 224, 228 (1995).
discussed Cited as authority (rule) State v. Tooley
Ohio Ct. App. · 2011 · confidence medium
See State v. Benjamin, 9 A.3d 338, 345 (Conn. 2010); Runyon v. State, 939 N.E.2d 613, 616 (Ind. 2010); State v. Amidon, 8 A.3d 1050, 1052 (Vt. 2010); Commonwealth v. Holmgren, 656 N.E.2d 577, 578 (Mass. 1995).
discussed Cited as authority (rule) Commonwealth v. Canadyan
Mass. · 2010 · confidence medium
This larger problem is not one that can be, or need be, solved in this case. 10 Although the Commonwealth met its burden of proving, see Commonwealth v. Holmgren, 421 Mass. 224, 226 (1995), that the defendant had not met the GPS condition of his probation, the record also makes apparent that the defendant met his consequent burden of demonstrating that his failure to comply with the GPS condition — given the original GPS technology he was required to use —• was through no fault of his own.
discussed Cited as authority (rule) State v. Tetreault
R.I. · 2009 · confidence medium
This Court previously has declared that, "since only reasonably satisfactory evidence is required for a probation violation, a defendant’s probation may be revoked 'based on an offense of which the defendant has been acquitted after a criminal trial.'" State v. DiChristofaro, 842 A.2d 1075, 1078 (R.I.2004) (quoting Commonwealth v. Holmgren, 421 Mass. 224 , 656 N.E.2d 577, 578 (1995)).
discussed Cited as authority (rule) Commonwealth v. King
Mass. App. Ct. · 2008 · confidence medium
That “the charges against the defendant . . . were later dismissed for failure to prosecute is immaterial to the validity of the revocation, as would be an acquittal.” Commonwealth v. Mejias, 44 Mass. App. Ct. 948, 949 (1998), citing Commonwealth v. Holmgren, 421 Mass. 224, 225-227 (1995).
cited Cited as authority (rule) Commonwealth v. Simmons
Mass. App. Ct. · 2007 · confidence medium
Commonwealth v. Holmgren, 421 Mass. 224, 226 (1995).
discussed Cited as authority (rule) Commonwealth v. Wilcox (2×) also: Cited "see"
Mass. · 2006 · confidence medium
The judge determines whether a violation in fact occurred and, in the court’s discretion, whether the probationer’s conduct warrants imposition of the original suspended sentence, see Commonwealth v. Holmgren, 421 Mass. 224, 226, 228 (1995); Commonwealth v. McGovern, 183 Mass. 238, 240-241 (1903), or in the case of straight probation, imposition of a sentence. 8 The probation revocation proceeding is not a new criminal prosecution.
discussed Cited as authority (rule) State v. DiChristofaro
R.I. · 2004 · confidence medium
Moreover, as the Massachusetts Supreme Judicial Court has held, since only reasonably satisfactory evidence is required for a probation violation, a defendant’s probation may be revoked “based on an offense of which the defendant has been acquitted after a criminal trial.” Commonwealth v. Holmgren, 421 Mass. 224 , 656 N.E.2d 577, 578 (1995).
discussed Cited as authority (rule) Commonwealth v. Hardiman
Mass. App. Ct. · 2003 · confidence medium
Conviction of a subsequent crime, whether as a result of a guilty plea or following trial, precludes a probationer from relitigating the issue in a revocation proceeding “based on the logic that, if the wrong was proved beyond a reasonable doubt, the Commonwealth need not be compelled to prove the case again on the lesser standard of proof.” Commonwealth v. Holmgren, 421 Mass. 224, 227-228 (1995).
discussed Cited as authority (rule) Commonwealth v. Fallon (2×)
Mass. App. Ct. · 2001 · confidence medium
The six-month sentence, reimposed upon revocation, see Commonwealth v. Holmgren, 421 Mass. 224, 228 (1995), was not stayed, either in the District Court or here.
discussed Cited as authority (rule) Commonwealth v. Bruzzese
Mass. App. Ct. · 2001 · confidence medium
Doing so, the defendant argues, resulted ultimately in a change of the defendant’s original two and one-half year sentence to three and one-half years, a result that runs contrary to the rule of law established in Commonwealth v. Holmgren, 421 Mass. 224, 228 (1995), that upon revocation of probation, the original suspended sentence must be imposed if the time has expired within which the sentence may be revised or revoked.
cited Cited as authority (rule) Commonwealth v. Emmanuel E.
Mass. App. Ct. · 2001 · confidence medium
Commonwealth v. Holmgren, 421 Mass. 224, 226 (1995).
discussed Cited as authority (rule) Krochta v. Commonwealth (2×) also: Cited "see"
Mass. · 1999 · confidence medium
These necessary prerequisites are present in this case, but they are not sufficient because the “common factual issue” was earlier decided against the government under a standard different from the standard of proof in the proceedings at which estoppel is sought. 13 See Commonwealth v. Holmgren, supra at 225 (reason that collateral estoppel did not bar Commonwealth from revoking probation based on violation of law of which defendant had been acquitted “[lay] in the difference in the burden of proof in the two proceedings”).
cited Cited as authority (rule) Commonwealth v. Christian
Mass. App. Ct. · 1999 · confidence medium
Commonwealth v. Holmgren, 421 Mass. 224, 228 (1995).
cited Cited as authority (rule) Commonwealth v. Michaels
Mass. App. Ct. · 1996 · signal: cf. · confidence medium
Cf. Commonwealth v. Holmgren, 421 Mass. 224, 225-228 (1995).
cited Cited "see" Commonwealth v. Sargent
Mass. App. Ct. · 2020 · signal: see · confidence high
See Commonwealth v. Holmgren, 421 Mass. 224, 226 (1995).
cited Cited "see" Commonwealth v. Preston P., a juvenile
Mass. · 2020 · signal: see · confidence high
See Commonwealth v. Holmgren, 421 Mass. 224, 226 (1995), citing Commonwealth v. Maggio, 414 Mass. 193, 198 (1993).
cited Cited "see" Commonwealth v. Ogarro
Mass. App. Ct. · 2019 · signal: see · confidence high
See Commonwealth v. Holmgren, 421 Mass. 224, 226 (1995).
discussed Cited "see" Commonwealth v. MacBarron (2×)
Mass. App. Ct. · 2018 · signal: see · confidence high
See Commonwealth v. Holmgren , 421 Mass. 224 , 226 (1995).
discussed Cited "see" Commonwealth v. Bruno-O'Leary (2×)
Mass. App. Ct. · 2018 · signal: see · confidence high
See Commonwealth v. Holmgren , 421 Mass. 224 , 226, 656 N.E.2d 577 (1995).
cited Cited "see" Commonwealth v. Brito
Mass. App. Ct. · 2018 · signal: see · confidence high
See Commonwealth v. Holmgren , 421 Mass. 224 , 226 (1995) ; Commonwealth v. Wilcox , 446 Mass. 61 , 65 (2006).
discussed Cited "see" Commonwealth v. Eldred (2×)
Mass. · 2018 · signal: see · confidence high
See Commonwealth v. Holmgren , 421 Mass. 224 , 227, 656 N.E.2d 577 (1995).
cited Cited "see" Commonwealth v. Peter
Mass. App. Ct. · 2018 · signal: see · confidence high
See Commonwealth v. Holmgren , 421 Mass. 224 , 227 (1995).
cited Cited "see" Commonwealth v. Peters
Mass. App. Ct. · 2018 · signal: see · confidence high
See Commonwealth v. Holmgren , 421 Mass. 224 , 226 (1995).
discussed Cited "see" Commonwealth v. Balbuena
Mass. App. Ct. · 2018 · signal: see · confidence high
See Commonwealth v. Holmgren , 421 Mass. 224 , 227 (1995) (standard of proof in a probation revocation proceeding is the civil standard of preponderance of the evidence).
cited Cited "see" Commmonwealth v. Pasquarelli
Mass. App. Ct. · 2017 · signal: see · confidence high
See Commonwealth v. Holmgren , 421 Mass. 224 , 225-228 (1995).
cited Cited "see" Commonwealth v. Cumming
Mass. · 2013 · signal: see · confidence high
See Commonwealth v. Holmgren, 421 Mass. 224, 228 (1995).
cited Cited "see" Commonwealth v. Patton
Mass. · 2010 · signal: see · confidence high
See Commonwealth v. Holmgren, 421 Mass. 224, 226 (1995), and cases cited.
discussed Cited "see" Commonwealth v. Goodwin (2×)
Mass. · 2010 · signal: see · confidence high
See Commonwealth v. Holmgren, 421 Mass. 224, 228 (1995); G.
cited Cited "see" Commonwealth v. Ruiz
Mass. App. Ct. · 2008 · signal: see · confidence high
See Commonwealth v. Holmgren, 421 Mass. 224, 226 (1995).
cited Cited "see" In re Angela
Mass. · 2005 · signal: see · confidence high
See Commonwealth v. Holmgren, 421 Mass. 224, 226 (1995).
cited Cited "see" Commonwealth v. Ferguson
Mass. App. Ct. · 2005 · signal: see · confidence high
See Commonwealth v. Holmgren, 421 Mass. 224, 225-226 (1995); Krochta v. Commonwealth, 429 Mass. 711, 718 (1999).
Retrieving the full opinion text from the archive…
Commonwealth
v.
Carl M. Holmgren
Massachusetts Supreme Judicial Court.
Nov 3, 1995.
656 N.E.2d 577
Brendan P. Murray for the defendant., Sandra L. Hautanen, Assistant District Attorney, for the Commonwealth.
Wilkins.
Cited by 72 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 64%
Citer courts: Massachusetts Appeals Court (1)
Wilkins, J.

On September 27, 1990, the defendant was found guilty of operating a motor vehicle while under the influence of liquor, second offense. The judge imposed an eighteen-month sentence to a house of correction, which he suspended until September 22, 1992. One condition of probation was that the defendant obey State laws. In April, 1992, the defendant was charged with new motor vehicle offenses, including operating a motor vehicle while under the influence[*225] of liquor, third offense. In May, 1992, a notice of surrender for alleged violations of the conditions of his probation was served on the defendant. No action was taken on the probation surrender matter until after the defendant’s trial on the new charges.

On December 28, 1992, a jury found the defendant not guilty of the new charges. The probation revocation hearing was held about two weeks later. Relying on the not guilty findings, the defendant moved that the probation revocation proceeding be dismissed or, alternatively, that no evidence concerning the April, 1992, incidents be admitted at the revocation hearing. The judge denied both motions and, based on a preponderance of the evidence, found that the defendant had committed a subsequent offense of operating while under the influence of alcohol. The judge, believing that he had no alternative, imposed the entire eighteen-month sentence to the house of correction that had been imposed but suspended in September, 1990. The judge stayed execution of the sentence pending appeal. We transferred the appeal to this court on our own motion.

The defendant argues that, based on the Fifth and Fourteenth Amendments to the Constitution of the United States and arts. 11 and 12 of the Massachusetts Declaration of Rights, the Commonwealth was collaterally estopped at the revocation hearing from relying on evidence of his alleged subsequent violations of law. His point is that, because the jury found him not guilty of the subsequent charges, the Commonwealth was barred from thereafter relying on evidence concerning those charges to revoke his probation. The defendant also challenges the judge’s ruling that he lacked authority to impose anything less than the entire original sentence. We reject both arguments and affirm the order imposing the original eighteen-month sentence.

1. Principles of collateral estoppel do not bar the Commonwealth from revoking probation based on evidence of a violation of law of which a probationer has been found not guilty. The reason for this result lies in the difference in the burden of proof in the two proceedings. In a criminal case, of course,[*226] the Commonwealth must prove the elements of each crime charged beyond a reasonable doubt. In a probation revocation hearing the Commonwealth bears a lesser burden. Although the burden of proof in a revocation of probation proceeding has been variously described, it is proof by a preponderance of the evidence, the standard that the judge applied in this case. See Commonwealth v. Maggio, 414 Mass. 193, 198 (1993) (violation of condition of probation must be found “at least to a reasonable degree of certainty”); United States v. Czajak, 909 F.2d 20, 22, 24 (1st Cir. 1990) (proof beyond reasonable doubt not required; court must be “reasonably satisfied” of violation of condition of probation). See also United States v. Gallo, 20 F.3d 7, 14 (1st Cir. 1994) (“it is enough if the proof, reasonably viewed, satisfies the court that a violation occurred”); Brown, petitioner, 395 Mass. 1006, 1007 (1985) (trial judge applied preponderance of evidence standard).

Because of the differences in the burden of proof, the concept of collateral estoppel in a double jeopardy sense, expressed in Ashe v. Swenson, 397 U.S. 436, 445 (1970), has no application here. See Dowling v. United States, 493 U.S. 342, 349 (1990) (“an acquittal in a criminal case does not preclude the Government from relitigating an issue when it is presented in a subsequent action governed by a lower standard of proof’); United States v. One Assortment of 89 Firearms, 465 U.S. 354, 362 (1984) (same); One Lot Emerald Cut Stones & One Ring v. United States, 409 U.S. 232, 235 (1972) (per curiam) (same). The majority view in this country is that collateral estoppel principles do not bar a probation revocation hearing based on an offense of which the defendant has been acquitted after a criminal trial. See, e.g., Avery v. State, 616 P.2d 872, 873-874 (Alaska 1980); State v. Jameson, 112 Ariz. 315, 318 (1975); In re Coughlin, 16 Cal. 3d 52, 57-58 (1976); Russ v. State, 313 So. 2d 758, 760 (Fla.), cert. denied, 423 U.S. 924 (1975); Johnson v. State, 240 Ga. 526, 527-528, cert. denied, 439 U.S. 881 (1978); Gibson v. State, 328 Md. 687, 695-697 (1992); Turner v. State, 784 S.W.2d 342, 344 (Mo. Ct. App. 1990); Bouyer v.[*227] State, 655 S.W.2d 355, 356 (Tex. Ct. App. 1983). In jurisdictions once taking the contrary position, the continued vitality of the cases so holding has been placed in doubt. See People v. Grayson, 58 Ill. 2d 260 (1974), cert. denied, 421 U.S. 994 (1975), questioned in In re Nau, 153 Ill. 2d 406, 428 (1992); Commonwealth v. Brown, 503 Pa. 514 (1983), limited in Lyness v. State Bd. of Medicine, 127 Pa. Commw. 225, 239 (1989), and in Hawkins v. Pennsylvania Bd. of Probation & Parole, 88 Pa. Commw. 547, 553 (1985).[1]

Our conclusion depends on the difference in the burden of proof in the two proceedings — the criminal trial and the probation revocation proceeding. If the burden of proof in a probation revocation proceeding were proof beyond a reasonable doubt, the result in this case would be that the Commonwealth could not properly try the revocation charges because the Commonwealth should not have a second chance to prove the criminal charges beyond a reasonable doubt. We decline, however, to adopt proof beyond a reasonable doubt as the standard to be met in probation revocation proceedings. Nor do we see any reason to adopt such a standard in those more limited instances in which revocation is sought because of a probationer’s commission of a crime. The defendant probationer made an agreement to comply with certain conditions on the basis of which his sentence was suspended. Proof by a preponderance of the evidence of a breach of that contract is consistent with the proof required for establishing the breach of other contracts.

The fact that, if convicted of a crime, a probationer may not relitigate the issue in a revocation proceeding is based on the logic that, if the wrong was proved beyond a reasonable doubt, the Commonwealth need not be compelled to prove[*228] the case again on the lesser standard of proof. The argument that in fairness there should be reciprocal “estoppel” of the Commonwealth when it loses the criminal case is not persuasive in light of the different burdens of proof in the two situations.

2. Whether it is a desirable rule or not, when probation is revoked, the original suspended sentence must be imposed, if the time has expired within which the sentence may be revised or revoked (see Mass. R. Crim. P. 29 [a], 378 Mass. 899 [1979]). Pursuant to G. L. c. 279, § 3 (1994 ed.), if the suspension of a sentence is revoked, “the sentence shall be in full force and effect.” The judge had no choice, once he decided that the suspension of sentence should be revoked. The Federal practice is different, allowing the revoking judge the discretionary authority to impose any sentence within the statutorily permissible range of sentences for the particular offense. See 18 U.S.C. § 3565 (1994).

Order imposing original sentence affirmed.

1

Because the revocation of probation is not punishment for commission of any subsequent crime charged, but rather is a remedial sanction arising from the sentence imposed for the earlier offense, no double jeopardy issue is presented by having a revocation hearing, involving the same alleged wrongdoing. See Department of Revenue of Mont. v. Kurth Ranch, 114 S. Ct. 1937, 1948 (1994); Kvitka v. Board of Registration in Medicine, 407 Mass. 140, 146 n.4, cert. denied, 498 U.S. 823 (1990).