COMMONWEALTH v. OLIVIER

No. 13-P-1216.

89 Mass. App. Ct. 836 (2016)

COMMONWEALTH, v. HERVE OLIVIER, JR.

Appeals Court of Massachusetts, Middlesex.

August 10, 2016.


Attorney(s) appearing for the Case

Stanley D. Helinski for the defendant.

Kate Cimini, Assistant District Attorney, for the Commonwealth.

Present: KATZMANN, RUBIN, & WOLOHOJIAN, JJ.


This case presents a question of first impression about the adequacy of the subsequent offense portion of an indictment where, on the main indictment, a defendant is convicted not of the charged offense, but of a lesser included offense that carries a subsequent offense enhancement.

The defendant was indicted on December 15, 2011...

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