High court hears whether 'separate incidences' under section 10 g requires prior sentences before counting as priors

The Supreme Judicial Court heard argument in Commonwealth v. Donta L. Lewis on whether the phrase "separate incidences" in section 10 g of the armed career criminal statute requires that prior convictions be finally sentenced before they can count as separate prior incidents for enhanced punishment.

Assistant District Attorney Bryn Morris, arguing for the Commonwealth, told the court, "May it please the court, ADA Bryn Morris on behalf of the Commonwealth asking this court to reverse." Morris said Rezende reached a correct outcome for the facts in that case but contained language the Commonwealth characterized as dicta and inconsistent with the plain text of section 10 g. Morris argued the armed career criminal statute focuses on a defendant's status "at the moment when you possess a firearm," so separate charges brought between incidents and prosecuted separately should be treated as separate incidences; the Commonwealth also contrasted the state statute with the federal Armed Career Criminal Act and with habitual-offender or subsequent-offender statutes that, Morris said, are structured…