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

defense); McKaskle v. Wigpins, 465 U.S. 168, 173
(1984)(A criminal defendant has the right t o
conduct his own defense, provided only that he
knowingly and intelligently forgoes his right to
counsel and that he abides by rules of procedures
and courtroom protocol); and Commonwealth v. Apple-
&, 389 Mass. 359, 366, cert. denied, 464 U.S.
841 (1983); and Commonwealth v. Martin, 425 Mass.
718, 720-721 (1997).
Thus, where a lower court judge abused his
discretion and misapplied G.L.c. 276, 3 47, and
required the Pro Se defendant t o wear a GPS monitor-
ing tracking device during his pretrial release,
-
and defendant was not a convicted sex ofrender,
was plain error, and the defendant i s entitled
to relief, accordingly.
B. Does G.L.c. 265, 3 47 impose a substantial
burden on liberty through the use of the
GPS monitoring and tracking system7
This Court recently decided in Commonwealth
v. Cory, 454 Mass. 559 (2009), that "AS a result
of the substantial burden on liberty Mass. Gen.
Laws Ch. 265, 3 47 imposes as part of the sentence
for certain crimes, 5 47 is punitive in effect.
Id at 572. See Doe v. Sex Offender Repistry Bd.,
450 Mass. 780 (2008) ("Serious affirmative restraint").
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