Opinion
No. 12–P–195.
2013-02-27
COMMONWEALTH v. PORTIA P., a juvenile.
By the Court (CYPHER, RUBIN & WOLOHOJIAN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The juvenile appeals from jury verdicts adjudicating her delinquent by reason of assault and battery and unarmed robbery. She argues that the evidence was insufficient for a rational trier of fact beyond a reasonable doubt to find her delinquent. The Commonwealth proceeded on a theory of joint venture. The judge did not err in denying the juvenile's motion for required findings: when viewed in the light most favorable to the Commonwealth, the evidence was sufficient on all of the elements of both charges to satisfy a rational trier of fact beyond a reasonable doubt. See the Commonwealth's discussion of the evidence at pages 10 through 18 of its brief.
The juvenile also argues that the judge erred by not entering a continuance without a finding, believing that he was not authorized to do so. Instead, the juvenile was placed under the supervision of probation until her eighteenth birthday. We agree with the Commonwealth that, although Commonwealth v. Magnus M., 461 Mass. 459 (2012), would apply to the juvenile's case in other circumstances, it does not in these because she violated her conditions of probation. Therefore, even if the judge had exercised his discretion and entered a continuance without a finding, the result would be the same.
Adjudications of delinquency affirmed.