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COMMONWEALTH v. RAPOSO

SJC-10196.

453 Mass. 739 (2009)

COMMONWEALTH v. LUIS RAPOSO.

Supreme Judicial Court of Massachusetts, Bristol.

May 7, 2009.

Attorney(s) appearing for the Case

Beth L. Eisenberg, Committee for Public Counsel Services (Colleen A. Tynan with her) for the defendant.

Rachel J. Eisenhaure, Assistant District Attorney, for the Commonwealth.

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

BOTSFORD, J.

Pursuant to Mass. R. Crim. P. 34, as amended, 442 Mass. 1501 (2004),1 a judge in the District Court reported to the Appeals Court this case and in particular several questions concerning the constitutionality of G. L. c. 265, § 47, a statute that requires a person who is "placed on probation" for certain sex offenses to wear a global positioning system (GPS) device as "a requirement...

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