Commonwealth of Massachusetts v. Makayla Lowe

Boston, Massachusetts criminal defense lawyer represented the Dfendant charged with armed assault and Robbery with a firearm.



Defendant elected to plead guilty. At the change of plea hearing, the prosecutor recited the facts the Commonwealth would have proved at trial as follows. The defendant facilitated the armed robbery of her ex-boyfriend's apartment. She unlocked the apartment doors, allowing two masked men -- one armed with a firearm -- to enter. Meanwhile, the defendant took a large trash bag of marijuana from the victim's bedroom. The victim awoke and gave chase, encountered the two masked men, and was shot in the hip. In response to a question posed by the judge, the defendant admitted that she "intend[ed] that the codefendants were going to come into that house, at least one of them would have a firearm, and they were going to steal [the victim's] marijuana."



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CRIMINAL LAW. INDICTMENT NOTICE REQUIREMENTS. The case addresses whether an indictment sufficiently notified the defendant of being charged with armed robbery using a firearm, thereby subjecting her to a five-year minimum mandatory sentence under G. L. c. 265, § 17.



CRIMINAL PROCEDURE. DEFENDANT'S RIGHTS AND DUE PROCESS. The court examined if the indictment's language provided adequate notice as required under due process standards, allowing the defendant to understand the charge and potential enhanced penalty.



CRIMINAL LAW. SENTENCING ENHANCEMENTS. The judgment concerned the applicability of a statutory minimum sentence enhancement when an armed robbery with a dangerous weapon charge specifically alleged the use of a firearm.



Key Phrases Indictment alleging violation. Armed robbery with a firearm. Five year minimum mandatory sentence. Adequate notice to the defendant. Sentence vacated and remanded.

Order denying motion to revise and revoke sentence reversed. The sentence on the violation of G. L. c. 265, § 17, is vacated and the case is remanded for resentencing.