Commonwealth v. Wilmer, 99 N.E.3d 778 (Mass. 2018)
Nature of Case: Appellant was convicted, in a single judicial proceeding, of two counts of “open and gross lewdness” in Massachusetts. Massachusetts law required that anyone convicted of a “second and subsequent” conviction for the offense to register as a sex offender. The trial court ordered appellant to register as a sex offender in light of his two convictions, and he sought review from the Supreme Judicial Court.
Holding: The Massachusetts Supreme Judicial Court reversed the decision. The plain language of the statute required that the conviction be had in a separate judicial proceeding in order to qualify for sex offender registration.