Commonwealth v. Burton

The defendant, Evan Burton, appeals after he was convicted of carrying a firearm without a license, see G. L. c. 269, § 10(a ), and carrying a loaded firearm without a license, see G. L. c. 269, § 10(n ). Because the Commonwealth concedes that the colloquy conducted incident to the defendant's stipulation to the facts supporting his convictions was defective,2 we vacate the judgments and set aside the findings. See Commonwealth v. Castillo, 66 Mass. App. Ct. 34, 37 (2006) ("A trial based on stipulated evidence is not 'a trial constitutionally capable of supporting a conviction,' ... unless it…