NO. SJC-10824 PURSUANT TO GLC 211, 5 3 FROM ... - Mass Cases

admitted to facts u€ficient for such an
cation. The judge was therefore incorrect
djudi-
concluding that 5 47 required imposition of GPS
monitoring in this case." Emelio, supra at 1024-
1025.
In the instant matter, the defendant was
- -
not and is not a convicted sex offender (R.A.
"63-78"). 6/ See G.L.c. 6, 5 178C (to which
5 47 refers for other definitions), defining a
[s]ex offender'' as a person II who has been convicted
I'
of a sex offense. Commonwealth v. Raposo, 453
Mass. 739, n. 8 (2009).
Moreover, the defendant was awaiting trial
in Middlesex Superior Court (no. 2008-0164) for
non sex related crimes, i.e. burglary, larceny,
larceny, attempt to comitt a crime, burglarious
'cool, destruction of property, resisting arrest,
and false name violation (R.A. ''1").
On September 2 , 2009, like Emelio, supra at
560, this defendant was released on bail pending
trial with the requirement that he wear a global
positioning system (GPS) monitoring device, and
supervision by the Middlesex Superior Court
Probation Department (R.A. "10").
6/ A copy of defendant's entire juvenile and
adult-criminal adult criminal record i s attached (R.A."63-
78" ) .
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in