Commonwealth v. Marcus M., a juvenile
AC 16-P-1200
| Mass. App. Ct. | Jul 27, 2017Background
- Juvenile placed on probation with continuance without a finding after admitting facts for malicious destruction and vandalism on May 8, 2015.
- Ten days later a notice of probation violation issued after the juvenile was arrested; later additional notices alleged affray/disturbing public assembly and larceny.
- At the probation-violation hearing a Boston police sergeant testified he found the juvenile with others after a firearm threat report and seized two loaded firearms from a nearby backpack; judge credited that testimony.
- The judge found the juvenile violated probation for the firearm possession based on testimony, and also found violations for affray/disturbing public assembly and larceny based solely on CARI (court activity record information), taking judicial notice of those records.
- Juvenile later pleaded delinquency to a reduced firearm charge; both parties and the Appeals Court agreed the CARI-only findings for the other two charges were insufficient to support violation findings.
- Appeals Court vacated the revocation and remanded for resentencing based on the properly proven firearm violation alone, because the judge may have been substantially influenced by the erroneous CARI-based findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether judicial notice of CARI records alone can support a probation-violation finding | Commonwealth: CARI shows new complaints issued, supporting violation findings | Marcus: Judicial notice of CARI without corroborating evidence is insufficient to prove violations | CARI alone is insufficient; mere filing of charges does not prove a probation violation |
| Whether at least one proven violation (firearm) makes erroneous findings on other charges harmless | Commonwealth: Vargas supports that a valid violation can render other errors immaterial | Marcus: Erroneous findings may have influenced revocation and sentence; not harmless here | Court rejects Vargas-based harmlessness; cannot be confident judge wasn’t substantially influenced by CARI findings |
| Whether probation revocation should be vacated and case remanded | Commonwealth: commitment supported by firearm violation and thus should stand | Marcus: revocation tainted by improper findings and must be vacated/remanded | Revocation vacated; remand for disposition based on the proven firearm violation |
Key Cases Cited
- Commonwealth v. Joyner, 467 Mass. 176 (recognizing criminal conviction can support summary probation-violation finding)
- Commonwealth v. Maggio, 414 Mass. 193 (same principle regarding conviction supporting probation action)
- Commonwealth v. Vargas, 475 Mass. 86 (discusses when independent proven violations can sustain sentence despite other issues)
- Commonwealth v. Arroyo, 451 Mass. 1010 (error in considering improper conduct can require remand because judge’s discretion may have been improperly influenced)
- Commonwealth v. Emmanuel E., 52 Mass. App. Ct. 451 (mere filing of charges is insufficient to prove probation violation)
- Commonwealth v. Calvo, 41 Mass. App. Ct. 903 (same principle regarding charging alone not proving violation)
- Commonwealth v. Aquino, 445 Mass. 446 (court should not speculate about what sentence judge would have imposed absent improper considerations)