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Commonwealth v. Furr

5/16/2003

8, explicitly reference the potential for a juvenile to violate G. L. c. 269, § 10(d), despite § 10(d)'s requirement of a "conviction." In order to harmonize § 10(d) with the youthful offender statutes, then, it was necessary to interpret the word "conviction," as used in § 10(d), to include a juvenile adjudication of § 10(a).


The holding of Connor C. "is a narrow one, limited to these specific statutes," id. at 646, and I would not, as the majority does, expand it beyond those express limits. Indeed, the majority glosses over the emphasis the Supreme Judicial Court gave to this point by its footnote in Commonwealth v. Valiton, 432 Mass. 647, 650 n.4 (2000). Released on the same day as Connor C., the footnote in Valiton deliberately declines to apply the holding of Connor C. to a statute that was not referenced in G. L. c. 119. Because G. L. c. 269, § 10G, also is not specifically referred to in the youthful offender statutes, I would adhere to the general rule that adjudications are not convictions. See id.






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