Commonwealth v. Kulesa

In January, 2008, a Superior Court jury convicted the defendant, Richard Kulesa, of one indictment charging criminal harassment under G. L. c. 265, § 43A (a), and eight indictments charging violations of an abuse prevention order under G. L. c. 209A, § 7 (209A order).1 As required by G. L. c. 278, § 11 A,2 *he then was arraigned and tried on the subsequent offender portion of the criminal harassment indictment. See G. L. c. 265, § 43A (b).3 The defendant waived his statutory right to a jury trial, see G. L. c. 278, § 11A (in subsequent offender proceedings, if defendant pleads not guilty, “he…