COMMONWEALTH v. SMITH


444 Mass. 497 (2005)

COMMONWEALTH v. ASWAD SMITH.

Supreme Judicial Court of Massachusetts, Barnstable.

June 28, 2005.


Attorney(s) appearing for the Case

Benjamin H. Keehn, Committee for Public Counsel Services, for the defendant.

Julia K. Holler, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


SOSMAN, J.

The present appeal concerns the interpretation of the 2003 amendment to G. L. c. 22E, § 3, mandating submission of a deoxyribonucleic acid (DNA) sample to the State DNA database by any person "convicted of an offense that is punishable by imprisonment in the [S]tate prison." St. 2003, c. 107, § 1. The defendant contends that because the felony charge to which he pleaded guilty was brought against him by way of complaint in the District Court and...

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