COMMONWEALTH v. LEBON

No. 93-P-314.

37 Mass. App. Ct. 705 (1994)

643 N.E.2d 45

COMMONWEALTH vs. JONATHAN L. LEBON.

Appeals Court of Massachusetts, Middlesex.

December 12, 1994.


Attorney(s) appearing for the Case

John G. Swomley for the defendant.

Richard W. Jensen, Special Assistant District Attorney, for the Commonwealth.

Present: BROWN, KASS, & FINE, JJ.


KASS, J.

During a lobby conference with counsel before trial in a jury-of-six session, the trial judge indicated that, should the jury return a verdict of guilty, he would sentence the defendant to a period of committed incarceration. Jonathan L. Lebon, the defendant, had been charged with violation of a "stay away" order issued under G.L.c. 209A. When defense counsel inquired how the court might sentence should the defendant stand trial jury-waived, the judge responded...

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