Commonwealth v. Bennett

The narrow issue here is whether a Juvenile Court judge erred in vacating, on double jeopardy grounds, a jury verdict adjudicating the defendant a youthful offender. We hold that there was error.

On December 11, 1998, at about 7:00 a.m., the defendant, who was then a fourteen year old juvenile, took his brother’s Jeep and drove toward a bus stop on Clark and Evergreen Streets in Lakeville. The juvenile dropped off three passengers who joined a group of other students waiting for the school bus to arrive. He “peeled out,” reaching a speed of 30 m.p.h. in a 20 m.p.h. posted zone. Moments later,…