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COMMONWEALTH v. SELAVKA

No. SJC-11461.

469 Mass. 502 (2014)

COMMONWEALTH v. EDGAR L. SELAVKA.

Supreme Judicial Court of Massachusetts, Hampshire.

August 25, 2014.

Attorney(s) appearing for the Case

Kathryn Hayne Barnwell ( Bonnie G. Allen with her) for the defendant.

Steven Greenbaum , Assistant District Attorney, for the Commonwealth.

William C. Newman & Matthew R. Segal , for American Civil Liberties Union of Massachusetts, amicus curiae, submitted a brief.

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

LENK, J.

Fifteen months after child pornography was discovered on his computer, the defendant pleaded guilty to eleven counts of possessing child pornography in violation of G. L. c. 272, § 29C. In addition to a period of incarceration, the defendant was sentenced to a term of probation. Notwithstanding the provisions of G. L. c. 265, § 47, requiring that defendants convicted of certain enumerated sex offenses...

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