|Organization:||Massachusetts Supreme Judicial Court|
Commonwealth v. Jeffrey Wimer
Supreme Judicial Court, June 21, 2018
(Open and Gross/Sex Offender Registration)
At the same proceeding, the defendant pleaded guilty to two counts of open and gross lewdness in violation of G.L. c. 272, §16. Requiring the defendant to register as a sex offender was an illegal sentence because he did not have a “second or subsequent” conviction as required by G.L. c. 6, §178C. The language “second and subsequent adjudication or conviction” requires that a defendant be convicted of open and gross lewdness once before a second conviction triggers registration.