Commonwealth v. Garvey

This case requires us to interpret G. L. c. 279, § 25 (a), one provision in the habitual criminal statute, G. L. c. 279, § 25. Section 25 (a) provides for an enhanced penalty where a defendant has two prior convictions resulting in State or Federal prison sentences of three years or more (qualifying sentences). We conclude that § 25 (a) requires that the underlying convictions arise from separate incidents or episodes of criminal behavior. We also conclude that, in this case, the Commonwealth failed to provide the grand jury with sufficient evidence to support the habitual offender portions…