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COMMONWEALTH v. PALMER P., A JUVENILE

No. 03-P-495.

61 Mass. App. Ct. 230 (2004)

COMMONWEALTH v. PALMER P., a juvenile.

Appeals Court of Massachusetts, Suffolk.

May 25, 2004.

Attorney(s) appearing for the Case

James P. McDonald for the juvenile.

Joseph M. Ditkoff, Assistant District Attorney, for the Commonwealth.

Present: ARMSTRONG, C.J., GREENBERG, & MILLS, JJ.

MILLS, J.

A jury found the juvenile guilty of breaking and entering during the daytime with intent to commit a felony, G. L. c. 266, § 18, and not guilty of larceny of property in excess of $250, G. L. c. 266, § 30. He was found delinquent, sentenced to one year of probation, and ordered to pay $1,000 in restitution. He claims that the order of restitution is inappropriate as matter of law, because the jury found him not guilty of the larceny charge. He...

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