Commonwealth v. Powers

A jury found the defendant guilty of assault and battery and threatening to commit a crime. The judge sentenced the defendant to a committed term of two and one-half years in the house of correction on the assault and battery indictment and a consecutive five-year term of probation, with special conditions, on the indictment for threatening to commit a crime. On appeal, the defendant contends that the judge exceeded his authority in imposing a probationary period of five years. We affirm.

The defendant argues that the threats statute, G. L. c. 275, § 4, prohibits a judge from imposing a…