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COMMONWEALTH v. TORRES

No. SJC-11498.

468 Mass. 286 (2014)

COMMONWEALTH v. CARMELO TORRES.

Supreme Judicial Court of Massachusetts, Franklin.

June 10, 2014.

Attorney(s) appearing for the Case

Stephen P. Kelly for the defendant.

Steven Greenbaum , Assistant District Attorney, for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

IRELAND, C.J.

We granted the defendant's application for further appellate review to determine whether a defendant's conviction of violating of an abuse prevention order, pursuant to G. L. c. 209A, § 7, is a lesser included offense of assault and battery on a person protected by an abuse prevention order, pursuant to G. L. c. 265, § 13A (b) (iii). Because we conclude that a violation of an abuse prevention order that contains a mandate to refrain...

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