Commonwealth v. Abernathy

After a 2008 jury trial in the Superior Court, the defendant was convicted of two counts of breaking and entering a building with the intent to commit a felony, G. L. c. 266, § 18 ; and one count of possession of burglarious instruments, G. L. c. 266, § 49.2 As to each offense, the Commonwealth sought sentencing enhancement, alleging that the defendant was a habitual offender. See G. L. c. 279, § 25. At a bench trial3 following convictions of the underlying offenses, the Commonwealth introduced evidence of four prior convictions for which the defendant had been sentenced to three or more…