COMMONWEALTH v. CONNARTON


383 Mass. 777 (1981)

422 N.E.2d 775

COMMONWEALTH vs. JOSEPH A. CONNARTON.

Supreme Judicial Court of Massachusetts, Middlesex.

June 25, 1981.


Attorney(s) appearing for the Case

Kevin C. McLean, Assistant District Attorney, for the Commonwealth.

Paul T. Sheils for the defendant.

Michael C. Donahue, Special Assistant Attorney General, for Commissioner of Correction, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., BRAUCHER, LIACOS, ABRAMS, & NOLAN, JJ.


BRAUCHER, J.

A judge of the Superior Court, in a proceeding under G.L.c. 123A, § 6, found that the defendant was a sexually dangerous person but was not treatable, and ordered him committed to the Southeastern Correctional Center at Bridgewater (correctional center). The Commonwealth appealed, arguing that such a disposition was not authorized unless recommended by the Department of Mental Health. We transferred the case to this court on our own motion, and we...

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