Commonwealth v. Rossetti
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The Supreme Judicial Court held that Mass. Gen. Laws ch. 6, 178H(a)(2) does not permit an individual convicted of failure to register as a sex offender, subsequent offense, to be sentenced to a term of incarceration in prison of less than five years.
Defendant pleaded guilty to two counts of failure to register as a sex offender, subsequent offense, under section 178H(a)(2). As to count two, the judge announced that he intended to sentence Defendant to one or two years in the state prison but stayed the sentence pending his report of questions now before the Supreme Judicial Court. The Supreme Judicial Court answered (1) Mass. Gen. Laws ch. 6, 178H(a)(2). does not permit a state prison sentence for a period of less than five years; and (2) the court's proposed sentence in this case was unlawful under section 178H(a)(2).
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