Posts tagged "1109717"

Commonwealth v. Marcus M., a juvenile (Lawyers Weekly No. 11-097-17)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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;   16-P-1200                                       Appeals Court   COMMONWEALTH  vs.  MARCUS M., a juvenile.     No. 16-P-1200.   Suffolk.     June 6, 2017. – July 27, 2017.   Present:  Green, Hanlon, & Kinder, JJ.     Practice, Criminal, Revocation of probation.  Juvenile Court, Probation.       Complaints received and sworn to in the Suffolk County Division of the Juvenile Court Department on December 19, 2014.   A proceeding for revocation of probation was had before Peter M. Coyne, J.     Alison R. Bancroft for the juvenile. Julianne Campbell, Assistant District Attorney, for the Commonwealth.     HANLON, J.  After a probation violation hearing, a judge in the Juvenile Court found that the juvenile had violated the terms of his probation because he was charged three times with subsequent offenses allegedly committed while he was on probation.  The judge committed the juvenile to the Department of Youth Services (DYS) until his eighteenth birthday.  The juvenile now appeals, arguing that the only evidence offered on two of the three offenses was his court activity record information (CARI) record indicating that new complaints had issued.  While we agree with the judge that the evidence supported a finding of violation regarding one offense on one complaint, for which there was other evidence, judicial notice of the CARI records, without more, was insufficient to support finding the other two violations. Background.  The juvenile was placed on probation and his case continued without a finding, on May 8, 2015, after he admitted to facts sufficient to support findings of delinquency on charges of malicious destruction of property and vandalizing property.  Ten days later, a probation officer issued a notice of probation violation after the juvenile was arrested for possession of a firearm, possession of ammunition, carrying a rifle or shotgun on a public way, and assault by means of a dangerous weapon.  The probation case was continued a number of times and, on February 10, 2016, a second notice of probation violation was served on the juvenile as a result of other new charges, this time, affray and disturbing of public assembly.  On March 11, 2016, a third notice of probation violation issued, alleging a “violation of the criminal law, namely, larceny.” At the probation violation hearing in June, 2016, a Boston police sergeant testified that he had responded to a call regarding a dispute among neighbors on Blue […]


Posted by Massachusetts Legal Resources - July 27, 2017 at 2:59 pm

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