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COMMONWEALTH v. RUIZ

SJC-10272

453 Mass. 474 (2009)

COMMONWEALTH v. JULIO RUIZ.

Supreme Judicial Court of Massachusetts, Worcester.

March 31, 2009.

Attorney(s) appearing for the Case

John J. Barter for the defendant.

Patricia Flannery, Assistant District Attorney, for the Commonwealth.

Sharon N. Chaitin-Pollak, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

MARSHALL, C.J.

The defendant was sentenced, on seven separate offenses, after his guilty pleas were accepted. One sentence imposed a term of incarceration; the other six imposed a term of probation, to run "from and after" the incarcerated sentence. At issue in this appeal is whether a defendant's probation may be revoked based on noncriminal acts proscribed by the terms of probation (in this case, contact with the victim...

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