Commonwealth v. Lucero

Steven Lucero appeals from a judgment of the county court allowing the Commonwealth’s petition for relief pursuant to G. L. c. 211, § 3. We affirm the judgment.

Lucero has been indicted on four indictments charging indecent assault and battery on a child under fourteen years of age. The day that the case was called for trial, Lucero waived his right to a jury trial. The complainant, however, was absent, although she had received a subpoena, had been in contact with the prosecutor as recently as the previous day, and was expected to appear. The judge inquired whether the Commonwealth could…