11
was sentenced to two years in the house of correction, six
months to be served with the balance suspended until December 1,
2014, with probation conditions, and fined $1,000.
We
transferred the defendants' appeal to this court on our own
motion.
Discussion.
On appeal, the defendants make multiple claims
of error regarding the Commonwealth's compliance with discovery
rules, alleged prosecutorial misconduct, choice of venue,
evidentiary rulings at trial, the sufficiency of the evidence,
statements made in closing argument, and the right to a speedy
trial.
We conclude that the judge's rulings were correct and
these claims are without merit.
We begin, however, with a discussion of the defendants'
challenges to the constitutionality of G. L. c.
(§ 43A [a]), both facial8 and as applied to them.
265, § 43A (a)
Such
constitutional challenges are questions of law that we review de
novo.
Commonwealth v. Martin, 467 Mass. 291, 301 (2014).
A criminal conviction under § 43A (a) requires proof that
"(1) the defendant engaged in a knowing pattern of conduct or
speech, or series of acts, on at least three separate occasions;
(2) the defendant intended to target the victim with the
harassing conduct or speech, or series of acts, on each
occasion; (3) the conduct or speech, or series of acts, were of
8
Only William raises a facial claim on appeal.
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