998 N.E.2d 782
Mass. App. Ct.2013Background
- Defendant, a level two sex offender, was required to report annually for verification of personal information.
- Lawrence police mailed a report requirement for January 10, 2007; defendant failed to appear or respond to calls.
- Three criminal complaints issued for failing to register under G. L. c. 6, § 178H(a); CPSL language tracked statute but did not tie to a prior conviction.
- On May 4, 2009, defendant admitted to sufficient facts on all three complaints; District Court imposed CPSL along with recommended disposition.
- Defendant later argued CWOF cannot support CPSL because CPSL requires conviction; motion to revise sentence denied; appeal followed.
- Court held: (a) defects in the complaints are nonjurisdictional and waived by the admission of sufficient facts; (b) CPSL can commence after a CWOF; (c) ruling affirms both the denial of release and the probation/Stay orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the complaint defects jurisdictional? | Commonwealth concedes defects are nonjurisdictional. | Defects are jurisdictional and can be raised anytime. | Defects are nonjurisdictional. |
| Does admission to sufficient facts waive nonjurisdictional defects? | Admission treated as equivalent to guilty plea waives defects. | Waiver should be limited to guilty pleas, not admissions of facts. | Admission to sufficient facts waives nonjurisdictional defects. |
| Can CPSL attach after a CWOF? | Statute allows CPSL to commence after CWOF. | CWOF means no conviction, so CPSL cannot apply. | CPSL may be imposed after expiration of a CWOF. |
Key Cases Cited
- Commonwealth v. Kateley, 461 Mass. 575 (Mass. 2012) (defect in CPSL complaints insufficient to defeat judgment)
- Commonwealth v. Batista, 465 Mass. 1008 (Mass. 2013) (posture allowed appeal of improper sentence; plea waiver rule discussed)
- Commonwealth v. Fanelli, 412 Mass. 497 (Mass. 1992) (guilty plea waiver of nonjurisdictional defects)
- Commonwealth v. Senior, 454 Mass. 12 (Mass. 2009) (waiver of nonjurisdictional defects by guilty plea)
- Commonwealth v. Duquette, 386 Mass. 834 (Mass. 1982) (sufficiency of admission to facts; equal protections in procedure)
- Commonwealth v. Villalobos, 437 Mass. 797 (Mass. 2002) (admission to sufficient facts treated as guilty plea for waiver purposes)
- Souza v. Registrar of Motor Vehicles, 462 Mass. 227 (Mass. 2012) (CWOF not a conviction for certain statutes; emphasizes procedure)
- Commonwealth v. Jones, 417 Mass. 661 (Mass. 1994) (CWOF not a conviction for purpose of impeachment provisions)
- Commonwealth v. Powell, 453 Mass. 320 (Mass. 2009) (CWOF considerations and CPSL construction)
- Commonwealth v. Domino, 465 Mass. 569 (Mass. 2013) (CPSL imposition context when fines and dispositions occur)