465 Mass. 1008 (2013)
Facts:
The defendant was convicted of the rape of a child. As a
result, the defendant was required to register as a level-three sex offender
and verify his registration every thirty days. After the defendant failed to
verify his registration, the Commonwealth charged the defendant with the
failure to comply and requested the defendant be placed on Community Parole
Supervision for Life (CPSL). In order to be charged with CPSL, the complaint
must specifically enumerate the offenses that the defendant was convicted under.
At the plea hearing, the defendant pleaded guilty but recommended thirty days
in jail with no CPSL, which the judge accepted. The Commonwealth then filed a
petition noting the statutory requirement of the CPSL. The defendant was found
guilty and placed on CPSL. The defendant appealed because the Commonwealth
failed to specify the offenses that the defendant had been convicted of
supporting the CPSL sentence. The Commonwealth claims that the defendant waived
his right to challenge the petition when he plead guilty at the plea hearing.
Issue:
Was the complaint sufficient to support a sentence that
includes CPSL? Did the defendant waive his right to challenge the petition?
Holding/Rationale:
The court found that the complaint that imposed CPSL was not
sufficient to support the sentencing. While the defendant was guilty of the
rape of a child and failed to verify his registration according to the
requirements, the Commonwealth failed to mention these facts in their complaint
making their petition insufficient for conviction. The court also found that
the defendant did not waive his right to challenge the complaint when he pleads
guilty. An appellee, who is seeking to preserve the status quo, can raise any
ground to support his position even if it was not raised previously during
trial.
Judgment:
Reversed.
Written 7/7/2013
