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COMMONWEALTH v. HILL

20 Mass. App. Ct. 130 (1985)

478 N.E.2d 169

COMMONWEALTH vs. MARK V. HILL.

Appeals Court of Massachusetts, Middlesex.

May 29, 1985.

Attorney(s) appearing for the Case

Andrew Silverman, Committee for Public Counsel Services, for the defendant.

Fredric Lee Ellis, Assistant District Attorney, for the Commonwealth.

Present: BROWN, ROSE, & WARNER, JJ.

ROSE, J.

The defendant, Mark V. Hill, appeals from three convictions arising out of the nighttime theft of personal property from a Framingham apartment (theft convictions). He also appeals from a conviction on a charge of being an habitual criminal. G.L.c. 279, § 25. The charges relating to theft and those concerning habitual criminality were tried separately, jury-waived in the Superior Court, to the same judge. The theft charges were tried solely upon a statement...

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