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COMMONWEALTH v. BURSTON

No. 91-P-1110.

35 Mass. App. Ct. 355 (1993)

619 N.E.2d 632

COMMONWEALTH vs. JOHN WILL BURSTON.

Appeals Court of Massachusetts, Hampden.

September 23, 1993.

Attorney(s) appearing for the Case

Esther J. Horwich for the defendant.

Elizabeth Dunphy Farris, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, KASS, & LAURENCE, JJ.

KASS, J.

After a jury returned a verdict of guilty of unarmed robbery against the defendant, John Will Burston, a Superior Court judge, in a jury-waived proceeding, found the defendant to be an habitual offender under G.L.c. 279, § 25.1 As prescribed by that statute, the judge imposed the maximum penalty for unarmed robbery: imprisonment in State prison for life. G.L.c. 265, §...

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