Commonwealth v. Allen

The defendant was convicted by a jury in the Superior Court of unarmed robbery. G. L. c. 265, § 19. Following the conviction, the defendant proceeded to trial,before the judge who had presided at the jury trial, on the additional charge of being a habitual criminal. G. L. c. 279, § 25. The judge found the defendant guilty of that offense. Pursuant to the requirement in G. L. c. 279, § 25, 2 the defendant was sentenced to life imprisonment at M.C.I., Cedar Junction, the maximum penalty prescribed in G. L. c. 265, § 19, for unarmed robbery. On appeal, the defendant argues error: with respect to…