Appeals Court, November 19, 2013
There is no distinction between a defendant offering a plea to a sufficient facts and a defendant offering a plea of guilt, for the purpose of determining whether the defendant waived his rights concerning unraised non-jurisdictional defects in the complaint. If a non-jurisdictional defect in the charging document is not raised before a defendant admits to sufficient facts, it is waived. The failure to properly charge community parole supervision for life, under Commonwealth v. Kateley, 461 Mass. 575 (2012), is a non-jurisdictional defect, subject to waiver.
A conviction for the purpose of G.L. c. 6, § 178H(a)(1) includes a continuance without a finding (CWOF), therefore, a court can impose community parole supervision for life even when a defendant pleads to sufficient facts for this offense and a CWOF is imposed.