Commonwealth v. Pike
Commonwealth v. Pike
Opinion of the Court
On May 20, 2010, the defendant pleaded guilty to several charges including indecent assault and battery. He was sentenced to two years at a correctional facility, time deemed served, and placed on probation for two years. His conditions of probation included, among other things, that he register as a sex offender pursuant to G. L. c. 6, §§ 178C-178P. He was subsequently charged in a complaint, on July 30, 2010, with failing to register, in violation of G. L. c. 6, § 178H (a), and, following a jury-waived trial, was convicted of that charge. The Appeals Court affirmed the conviction, rejecting the defendant’s argument that the evidence was insufficient and declining to consider his argument that he received ineffective assistance of counsel because he had not first raised the claim in a motion for a new trial. See Commonwealth v. Pike, 83 Mass. App. Ct. 1128 (2013). The case is now before this court on further appellate review. The defendant raises the same two issues here that he did in the Appeals Court: that the evidence is insufficient to support the conviction and that he received ineffective assistance of counsel.
To prove that the defendant violated G. L. c. 6, § 178H (a), the Commonwealth must show that, among other things, the defendant failed to notify the Sex Offender Registry Board (board) of a change of address.
The Commonwealth presented no other evidence of the defendant’s purported failure to register, and we agree with the defendant that the evidence that the Commonwealth did present was insufficient. McDonough’s testimony does not amount to a showing that the defendant changed his address (and failed to notify the board of such change). She stated that the defendant failed to report to her office after she left him a message that he should do so because she
Because the evidence was insufficient to support the defendant’s conviction of failure to register as a sex offender, the conviction must be reversed. In light of the circumstances, we need not address the defendant’s argument that his trial counsel was ineffective.
One final point is in order. The consequences of the charges against the defendant are significant. He was sentenced to one year in the local house of correction, and it appears that he served his sentence. We are troubled that so little care and effort were expended on the investigation and prosecution of this case.
Judgment reversed.
Pursuant to G. L. c. 6, § 178H (a), “[a] sex offender required to register pursuant to this chapter who knowingly: (i) fails to register; (ii) fails to verify registration information; (iii) fails to provide notice of a change of address; or (iv) who knowingly provides false information” is guilty of failure to register. We are concerned here only with whether the defendant failed to provide notice of a change of address.
At trial and in the Appeals Court the Commonwealth also argued that the defendant had failed to register with the local police department. The Commonwealth now concedes that because, at the relevant time, the defendant had not yet been classified as a level one, two, or three sex offender, he was not required to so register.
Reference
- Full Case Name
- Commonwealth v. Matthew J. Pike
- Status
- Published