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COMMONWEALTH v. LUCKERN

No. 14-P-43.

87 Mass. App. Ct. 269 (2015)

COMMONWEALTH v. JEFFREY LUCKERN.

Appeals Court of Massachusetts, Suffolk.

April 8, 2015.

Attorney(s) appearing for the Case

Zachary Hillman , Assistant District Attorney ( Gretchen P. Sherwood , Assistant District Attorney, with him) for the Commonwealth.

David M. Skeels , Committee for Public Counsel Services, for the defendant.

Present: RUBIN, MILKEY, & CARHART, JJ.

This case concerns the meaning of a provision of the habitual offender statute, G. L. c. 279, § 25(a), amended by St. 2012, c. 192, § 47. The question before us is whether a defendant given a sentence of three years or more in State prison that is suspended so that the defendant must serve less than three years has been "sentenced...

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