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COMMONWEALTH v. FOREMAN

No. 04-P-348.

63 Mass. App. Ct. 801 (2005)

COMMONWEALTH v. DEWAYNE FOREMAN.

Appeals Court of Massachusetts, Suffolk.

July 8, 2005.

Attorney(s) appearing for the Case

Michelle Learned, Assistant District Attorney, for the Commonwealth.

Paul Ming Yee for the defendant.

Present: Armstrong, C.J., Greenberg, & Trainor, JJ.

ARMSTRONG, C.J.

The Commonwealth appeals from an order dismissing a portion of an indictment charging the defendant with being an armed career criminal under G. L. c. 269, § 10G(a). The current offense charged in the first portion of the indictment is unlawfully possessing a firearm, G. L. c. 269, § 10(a); the earlier conviction of a violent crime, called for by § 10G(a), was an adjudication of delinquency by reason of armed robbery...

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