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COMMONWEALTH v. TORRES

No. SJC-11498.

468 Mass. 286 (2014)

COMMONWEALTH v. CARMELO TORRES.

Supreme Judicial Court of Massachusetts, Franklin.

June 10, 2014.

Attorney(s) appearing for the Case

Stephen P. Kelly for the defendant.

Steven Greenbaum, Assistant District Attorney, for the Commonwealth.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

IRELAND, C.J.

We granted the defendant's application for further appellate review to determine whether a defendant's conviction of violating of an abuse prevention order, pursuant to G. L. c. 209A, § 7, is a lesser included offense of assault and battery on a person protected by an abuse prevention order, pursuant to G. L. c. 265, § 13A (b) (iii). Because we conclude that a violation of an abuse prevention order that contains a mandate to refrain...

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