Commonwealth v. Nanny

Ireland, CJ.

We granted the Commonwealth’s application for direct appellate review to determine whether a transfer hearing pursuant to G. L. c. 119, § 72A (§ 72A), must be held before the Commonwealth may seek an indictment pursuant to G. L. c. 119, § 54 (§ 54), against a defendant who is alleged to have committed offenses when he was between fourteen and seventeen *799years of age, but was not apprehended until after his eighteenth birthday. Because we conclude that the clear language of § 72A requires that a hearing be held prior to the Commonwealth’s proceeding on an indictment pursuant to §…