Commonwealth v. GarveyAnnotate this Case
The Supreme Judicial Court interpreted one provision in the habitual criminal statute, Mass. Gen. Laws ch. 279, 25(a), which provides for an enhanced penalty where a defendant has two prior convictions resulting in prison sentences of three or more years, to require that the underlying convictions arise from separate incidents or episodes of criminal behavior. In so holding, the Court affirmed the superior court order dismissing the habitual offender portions of the indictments currently pending against Defendant, holding that the Commonwealth failed to provide the grand jury with sufficient evidence to support the habitual offender portions of the indictments.