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COMMONWEALTH v. ALLEN

22 Mass. App. Ct. 413 (1986)

494 N.E.2d 55

COMMONWEALTH vs. ERNEST ALLEN.

Appeals Court of Massachusetts, Hampden.

June 23, 1986.

Attorney(s) appearing for the Case

James M. Smith for the defendant.

Brett J. Vottero, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., ARMSTRONG, & SMITH, JJ.

GREANEY, C.J.

The defendant was convicted by a jury in the Superior Court of unarmed robbery.1 G.L.c. 265, § 19. Following the conviction, the defendant proceeded to trial, before the judge who had presided at the jury trial, on the additional charge of being a habitual criminal. G.L.c. 279, § 25. The judge found the defendant guilty of that offense. Pursuant to the requirement in G.L.c. 279, § 25,2

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