Agostini v. Commonwealth

Summary

The Massachusetts Supreme Judicial Court held that armed robbery under G. L. c. 265, § 17, is not categorically a predicate offense for pretrial detention under the force clause of G. L. c. 276, § 58A (1). Applying the categorical approach, the court concluded that armed robbery may involve only minimal force, such as purse snatching, and requires possession of a dangerous weapon but not its use or display. Although the defendant's appeal became moot after he pleaded guilty, the court addressed the issue because it was likely to recur yet evade appellate review, and remanded for entry of a judgment vacating the detention order.

Holdings

1. Although the defendant's challenge to his pretrial detention order was moot after he pleaded guilty and was no longer detained under § 58A, the court exercised its discretion to reach the issue because it was important to the administration of § 58A and likely to recur while evading appellate review.
2. Armed robbery under G. L. c. 265, § 17, does not categorically contain an element of the use, attempted use, or threatened use of physical force against another person and therefore does not qualify as a predicate offense under the force clause of § 58A.

Questions Presented

1. Whether armed robbery under G. L. c. 265, § 17, categorically has as an element the use, attempted use, or threatened use of physical force against another person and therefore qualifies as a predicate offense under the force clause of G. L. c. 276, § 58A (1).
2. Whether the court should exercise its discretion to decide the statutory issue despite the defendant's appeal becoming moot after he pleaded guilty and was no longer subject to pretrial detention.

Disposition

remanded