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COMMONWEALTH v. OWEN

No. 02-P-435.

61 Mass. App. Ct. 711 (2004)

COMMONWEALTH v. MICHAEL S. OWEN.

Appeals Court of Massachusetts, Hampden.

August 26, 2004.

Attorney(s) appearing for the Case

Michael S. Owen, pro se.

Jane Davidson Montori, Assistant District Attorney, for the Commonwealth.

Present: LAURENCE, DREBEN, & GREEN, JJ.

DREBEN, J.

As was the case in Commonwealth v. Miranda, 441 Mass. 783 (2004), the defendant was charged in an indictment (89-6615) with a substantive offense, here armed robbery, and in a subsequent indictment (89-7937) with the same substantive offense (armed robbery) as a second or subsequent offense. See G. L. c. 278, § 11A (habitual offender).1 After a jury found

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