Commonwealth v. Guzman
469 Mass. 492
| Mass. | 2014Background
- Guzman pleaded guilty to offenses including dissemination of visual material depicting a child in a state of nudity or sexual conduct, a predicate sex-offense under G.L. c. 265, §47.
- He was sentenced to a five-year probation term for related offenses and a one-year prison term; GPS was not ordered.
- G.L. c. 265, §47 requires GPS monitoring as a condition of probation for offenses defined as sex offenses involving a child.
- Commonwealth later argued GPS was mandatory under §47; the judge again declined to impose GPS.
- The matter was appealed to the single justice and reserved to the full court; the Commonwealth sought remand under c. 211, §3.
- The court ultimately held that GPS monitoring was mandatory under the statute, but remanded to dismiss as moot after subsequent modification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does G.L. c. 265, §47 mandate GPS as a probation condition? | Guzman lacks discretion; statute mandatory. | Judge may exercise case-by-case discretion. | Statute mandatorily requires GPS for qualifying offenses. |
| Does mandatory GPS violate due process? | Mandatory GPS is within legislative prerogative and rational basis. | Due process requires individualized consideration. | There is a rational basis; due process not violated. |
| Does mandatory GPS implicate Fourth Amendment protections given record gaps? | GPS constitutes unlawful search/seizure without individualized record. | Record insufficient to address Fourth Amendment claim. |
Key Cases Cited
- Commonwealth v. Hanson H., 464 Mass. 807 (2013) (recognizes §47 as a mandatory condition in some contexts)
- Commonwealth v. Raposo, 453 Mass. 739 (2009) (discusses statutory reach of GPS as probation condition)
- Commonwealth v. Cory, 454 Mass. 559 (2009) (GPS monitoring promotes deterrence; legislature can impose non-discretionary penalties)
- Commonwealth v. Canadyan, 458 Mass. 574 (2010) (GPS applies to every person convicted of predicate offenses with probation)
- Commonwealth v. Therriault, 401 Mass. 237 (1987) (mandatory minimums subject to rational basis review)