Opinion
No. 12–P–391.
2013-01-16
COMMONWEALTH v. Shaun BELGRAVE.
By the Court (GREEN, GRAHAM & SULLIVAN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
In revoking the defendant's probation, the trial judge relied in part on the defendant's violation of a nonexistent “no contact” order. Though the transcript of the hearing reflects that the Commonwealth dismissed count two of the complaint (the count based on violation of a “no contact” order) during the hearing, the finding and disposition form signed by the judge reflects that the defendant's probation was revoked based on, among other factors, two counts of violation of an abuse prevention order. We accordingly vacate the order, and remand the matter to the trial court for reconsideration whether to revoke the defendant's probation on the remaining bases, and of the appropriate disposition if probation is revoked. See Commonwealth v. Arroyo, 451 Mass. 1010, 1011–1012 (2008).
So ordered.