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COMMONWEALTH v. AQUINO

445 Mass. 446 (2005)

COMMONWEALTH v. MILTON AQUINO.

Supreme Judicial Court of Massachusetts, Hampden.

December 2, 2005.

Attorney(s) appearing for the Case

Douglas J. Beaton for the defendant.

Dianne M. Dillon, Assistant District Attorney, for the Commonwealth.

David J. Nathanson, Committee for Public Counsel Services, for Committee of Public Counsel Services, amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

COWIN, J.

We are called on to decide whether the Superior Court has jurisdiction to revoke probation and impose sanctions for behavior occurring after the date on which a defendant's probation was scheduled to terminate when the defendant was on notice that revocation proceedings had begun but had been continued at his request.

The essential facts are contained in a Superior Court judge's memorandum of decision and are not disputed.1

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