Commonwealth v. Foreman

The Commonwealth appeals from an order dismissing a portion of an indictment charging the defendant with being an armed career criminal under G. L. c. 269, § 10G(a). The current offense charged in the first portion of the indictment is unlawfully possessing a firearm, G. L. c. 269, § 10(a); the earlier conviction of a violent crime, called for by § 10G(a), was an adjudication of delinquency by reason of armed robbery, an offense the defendant concedes could qualify for sentence enhancement under § 10G if it had been an adult conviction. A Superior Court judge ruled that the earlier…