Commonwealth v. Lebon

During a lobby conference with counsel before trial in a jury-of-six session, the trial judge indicated that, should the jury return a verdict of guilty, he would sentence the defendant to a period of committed incarceration. Jonathan L. Lebon, the defendant, had been charged with violation of a “stay away” order issued under G. L. c. 209A. When defense counsel inquired how the court might sentence should the defendant stand trial jury-waived, the judge responded that in such event he would not impose a committed *706jail sentence.1 Thereupon the defendant chose the jury-waived option, was found…