Commonwealth v. WimerAnnotate this Case
Defendant was not required to register as a sex offender because he did not have a “second and subsequent” conviction as required by Mass. Gen. Laws ch. 6, 178C where his two previous convictions were adjudicated during the same proceeding.
In 2013, Defendant pleaded guilty to two counts of open and gross lewdness. Defendant’s sentence on the second conviction included an order to register as a sex offender pursuant to section 178C, which requires such registration upon a “second and subsequent adjudication or conviction of open and gross lewdness.” Defendant filed a motion to correct an illegal sentence, which the district court denied. The Supreme Judicial Court reversed, holding that the phrase “second and subsequent adjudication or conviction” requires that a defendant be convicted of open and gross lewdness once before a second conviction triggers section 178C.