Commonwealth v. WentworthAnnotate this Case
The Supreme Judicial Court affirmed Defendant's conviction of carrying a loaded firearm unlawfully as an armed career criminal with one predicate offense, holding that Defendant's indictment was not void and that Defendant's conviction of assault and battery could serve as a predicate offense under the Massachusetts Armed Career Criminal Act (ACCA), Mass. Gen. Laws ch. 269, 10G.
Defendant was indicted for several unlawful firearm offenses, and the indictments also alleged that Defendant previously had been convicted of three violent crimes and was thus subject to enhanced penalties under the ACCA. Defendant subsequently pleaded guilty to carrying a loaded firearm unlawfully as an armed career criminal with one predicate offense. Defendant later filed a motion to vacate the ACCA conviction and sentence for a new trial. The motion was denied. The Supreme Judicial Court affirmed, holding (1) although the indictment did not set forth the alleged ACCA predicate convictions, the indictment was not void because Defendant had sufficient notice of the crimes charged; (2) Defendant's prior conviction of assault and battery qualified as a predicate offense under the ACCA; (3) counsel was not ineffective; and (4) Defendant's guilty plea on the ACCA charge was entered into intelligently and voluntarily.