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COMMONWEALTH v. MCNEIL

SJC-13379.

492 Mass. 336 (2023)

COMMONWEALTH v. MICHAEL J. MCNEIL.

Supreme Judicial Court of Massachusetts, Essex.

June 28, 2023.

Attorney(s) appearing for the Case

Valerie A. DePalma for the defendant.

Marina Moriarty , Assistant District Attorney, for the Commonwealth.

Michelle May Peterson, pro se, amicus curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Kafker, Wendlandt, & Georges, JJ.

General Laws c. 266, § 30A (§ 30A), provides that first and second offense shoplifting is punishable by fine only. Third offense shoplifting, however, is punishable by fine or imprisonment. G. L. c. 266, § 30A. The issue we address in this case is whether a "guilty-filed" disposition constitutes a predicate "offense" under...

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