Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Commonwealth v. Dancy

Appeals Court of Massachusetts, Suffolk

November 29, 2016

COMMONWEALTH
v.
DAMONTE DANCY

          Heard: October 21, 2016.

         Firearms.

         Complaint received and sworn to in the Dorchester Division of the Boston Municipal Court Department on September 5, 2012.

         After transfer to the Central Division of the Boston Municipal Court Department, the case was tried before Michael J. Coyne, J.

          Mehmet Baysan for the defendant.

          Priscilla A. Guerrero (Helle Sachse, Assistant District Attorney, with her) for the Commonwealth.

          Present: Cypher, Kinder, & Lemire, JJ.

          LEMIRE, J.

         Following a jury trial in the Boston Municipal Court, the defendant, Damonte Dancy, was convicted of possession of a loaded firearm without a license, G. L. c. 269, § 10(n). On appeal, the defendant challenges the sufficiency of the evidence, the denial of his motion to suppress photographs seized from his cellular telephone, and certain evidentiary rulings at trial. He also claims that his conviction was unlawful because he was acquitted of possession of a firearm without a license under G. L. c. 269, § 10 (a.), the predicate offense for conviction under G. L. c. 269, § 10(n).[1] Because we agree that the conviction was unlawful, we reverse without reaching the defendant's other claims of error.

         Background.

         We summarize the facts the jury could have found. On the morning of August 25, 2012, the defendant was among a large group of people attending a festival in Dorchester. An unknown passerby stopped a Boston police officer, stated that "a man had a gun, " and pointed to a small group of black males, which included the defendant, walking down the street away from the parade. Officers then began to follow and surveil that group. At one point, when the defendant was near a parked vehicle, one of the officers, who was on the opposite side of the street, observed the defendant, who was walking at a fast pace, "[s]low[] down a little bit" next to the vehicle, and heard a noise that, based on his experience, was consistent with a gun hitting the pavement. The two other males from the group were about ten to fifteen feet away from the defendant at that time. After stopping the group to ask questions, the police canvassed the immediate area. A loaded firearm was recovered from beneath the parked vehicle, and the defendant was arrested.

         The defendant was charged with possession of a firearm without a license, G. L. c. 269, § 10 (a.), possession of ammunition without a firearm identification card, G. L. c. 269, § 10(h)(1), and possession of a loaded firearm without a license, G. L. c. 269, § 10 (n) . He was acquitted of the § 10 (a.) and § 10(h)(1) charges and convicted of the § 10(n) charge.

         Discussion.

         The defendant contends that because he was acquitted of possession of a firearm under § 10 (a.), he cannot be convicted of possession of a loaded firearm under § 10(n), because § 10(n) is simply a sentencing enhancement provision that requires a conviction under either § 10 (a.) or § 10 (c0 as a predicate.[2] The Supreme Judicial court addressed a similar issue in Commonwealthv.Loadholt, 456 Mass. 411 (2010), S.C., 460 Mass. 723 (2011). There, the defendant was convicted under G. L. c. 269, § 10(n); however, due to an oversight by the Commonwealth, he was never charged with either predicate offense, G. L. c. 269, § 10(a) or (c). Id. at 423-424. The Supreme Judicial Court ordered that the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.