COMMONWEALTH v. DUQUETTE


386 Mass. 834 (1982)

438 N.E.2d 334

COMMONWEALTH vs. CHARLES E. DUQUETTE.

Supreme Judicial Court of Massachusetts, Bristol.

July 23, 1982.


Attorney(s) appearing for the Case

James M. Quinn for the defendant.

Richard W. Foster, Assistant District Attorney (Phillip L. Weiner, Assistant District Attorney, with him) for the Commonwealth.

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


LYNCH, J.

The issues in this case arise from the use in the District Courts of two related procedures known as a "continuance without a finding" and an "admission to sufficient facts." The defendant contends that he was improperly convicted and sentenced by the operation of these procedures. We agree with the defendant's contentions. We also conclude, however, that the procedures serve a useful purpose, and we suggest some guidelines for their use in the future.<...

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