Commonwealth v. Pagan

The defendant appealed from the imposition of a term of community parole supervision for life (CPSL) under G. L. c. 265, § 45, and G. L. c. 275, § 18. We transferred the case to this court on our own motion. Specifically, he claims that (1) sentencing him as a repeat offender without indicting him as such is a violation of art. 12 of the Massachusetts Declaration of Rights; (2) G. L. c. 275, § 18, is unconstitutionally vague; and (3) G. L. c. 275, § 18, is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 (2000).1 For the reasons discussed below, we hold that a term of CPSL may be…