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COMMONWEALTH v. BROWN

No. 97-P-2112.

47 Mass. App. Ct. 616 (1999)

COMMONWEALTH v. MARC BROWN.

Court of Appeals of Massachusetts, Suffolk.

August 23, 1999.

Attorney(s) appearing for the Case

Edward B. Gaffney for the defendant.

Ralph C. Martin, II, District Attorney, & Mark T. Lee, Assistant District Attorney, for the Commonwealth.

Thomas F. Reilly, Attorney General, & Susanne G. Levsen, Assistant Attorney General, for the Attorney General, amicus curiae.

John P. Osler, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae.

Present: WARNER, C.J., KAPLAN, & BROWN, JJ.

KAPLAN, J.

Our previous opinion on this appeal, Commonwealth v. Brown, 46 Mass.App.Ct. 279 (1999), affirmed the defendant's convictions of several crimes, including his conviction and sentence on an indictment for home invasion, G. L. c. 265, § 18C (inserted by St. 1993, c. 333, effective December 27, 1993).

Section 18C in its first sentence states in part:

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