Commonwealth v. Gouveia

Agnes, A.J.

The defendant, Anthony Gouveia, has filed a motion to dismiss so much of an indictment as charges him with being an Habitual Criminal in violation of G.L.c. 279, §25. This statute provides that “(wjhoever has been twice convicted of a crime and sentenced and committed to prison in this or another state, or once in this and once or more in another state, for terms of not less than three years each, and does not show that he has been pardoned for either crime on the ground that he was innocent, shall upon conviction of a felony, be considered a habitual criminal and be punished by…