Commonwealth v. Spencer

A grand jury indicted the defendant for murder, unlawful possession of a firearm, and unlawful possession of ammunition. The indictments further charged that the defendant committed the possessory offenses after having been convicted of a prior violent crime, subjecting him to enhanced penalties under the Massachusetts Armed Career Criminal Act (ACCA), G. L. c. 269, § 10G. A jury acquitted the defendant of murder but convicted him of the possessory offenses. After a second trial before another jury, the defendant was convicted on the ACCA charges, based on a prior conviction of assault and…