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COMMONWEALTH v. RICHARDSON

SJC-11472

469 Mass. 248 (2014)

COMMONWEALTH v. TARI RICHARDSON.

Supreme Judicial Court of Massachusetts, Plymouth.

August 7, 2014.

Attorney(s) appearing for the Case

William W. Adams for the defendant.

Gail M. McKenna , Assistant District Attorney, for the Commonwealth.

Michael J. Fellows , for Committee for Public Counsel, amicus curiae, submitted a brief.

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

GANTS, J.

In Bynum v. Commonwealth, 429 Mass. 705, 707, 709 (1999), we declared that, where the Legislature enacts a sentencing enhancement statute that provides for a longer sentence where a defendant convicted of the crime has one or more specified prior convictions, "[t]he prior offense is not an element of the crime for which a defendant is charged but concerns the punishment to be imposed if he is convicted ....

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