COMMONWEALTH v. ALLEN

No. 08-P-712.

73 Mass. App. Ct. 862 (2009)

COMMONWEALTH v. DOUGLAS ALLEN.

Appeals Court of Massachusetts, Bristol.

March 23, 2009.


Attorney(s) appearing for the Case

Shoshana E. Stern, Assistant District Attorney, for the Commonwealth.

Michael A. Nam-Krane, Committee for Public Counsel Services, for the defendant.

Present: McHUGH, SIKORA, & WOLOHOJIAN, JJ.


WOLOHOJIAN, J.

We address here the question whether a person held in prison beyond the end of his sentence is a prisoner within the meaning of G. L. c. 123A, § 12(b), and conclude that he is not.

The defendant was convicted by a jury in 1993 of two counts of indecent assault and battery on a child under the age of fourteen, in violation of G. L. c. 265, § 13B; and one count of rape of a child, in violation of G. L. c. 265, § 23. He was...

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