Commonwealth v. Wotan

The defendant was charged with making annoying telephone calls under G. L. c. 269, § 14A (1994 ed.), which makes it a misdemeanor to telephone someone repeatedly solely to harass, annoy, or molest.2 She was tried before a jury of six in the District Court, found guilty, and sentenced to ninety days in a house of correction, forty-five days to be *741served and the balance suspended, subject to probation conditions.

The defendant’s conviction was affirmed by the Appeals Court. 37 Mass. App. Ct. 727 (1994). The Appeals Court decided that the defendant’s two telephone calls are sufficient as matter…