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COMMONWEALTH v. CRUZ

No. 03-P-523.

62 Mass. App. Ct. 610 (2004)

COMMONWEALTH v. RAFAEL CRUZ.

Appeals Court of Massachusetts.

December 2, 2004.

Attorney(s) appearing for the Case

Anna M. Lembo for the defendant.

Sheryl F. Grant, Assistant District Attorney, for the Commonwealth.

Present: GREENBERG, LENK, & KAFKER, JJ.

Middlesex.

GREENBERG, J.

In this case, we decide whether the Commonwealth's petition to have the defendant committed as a sexually dangerous person pursuant to G. L. c. 123A, upon the expiration of his State prison sentence, violated his guilty plea agreement.

In February, 1992, the defendant pleaded guilty to two counts of rape and abuse of a child and two counts of indecent assault and battery on a child under the age of fourteen. On November

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