Commonwealth v. Shamus Horton

This case raises the question whether an adjudication of delinquency for possessing a firearm in violation of G.L. c. 269, § 10(h) qualifies as a predicate offense for purposes of the repeat offender provisions of G.L. c. 269, § l 0(d). For the reasons set forth below, this court concludes it does. Consequently, the defendant's motion to dismiss so much of the indictment charging him with a third offense of carrying a firearm is DENIED.[1]

Background

The defendant, Shamus Horton ("Horton"), has filed a motion to dismiss pursuant Commonwealth v. McCarthy, 385 Mass. 160 (1982). Horton does not…