Opinion
No. 12–P–594.
2013-03-11
COMMONWEALTH v. Douglas R. TRAPP.
By the Court (GRASSO, BROWN & GREEN, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
We affirm the order revoking the defendant's probation for substantially the reasons set forth in the Commonwealth's brief at pages eight through thirteen. Based upon the evidence presented at the surrender hearing, the judge did not err in concluding that the defendant's failure to engage in mental health counselling and sex offender treatment was wilful and not due to financial inability or other circumstances beyond his control. See Commonwealth v. Al Saud, 459 Mass. 221, 230–231 (2011); Commonwealth v. Janovich, 55 Mass.App.Ct. 42, 50 (2002). Indeed, the judge was well warranted in rejecting the defendant's proffered excuse of financial hardship as a thinly veiled rationalization for failing to engage in treatment that the defendant believed was “nobody's business.” Compare Commonwealth v. Canadyan, 458 Mass. 574, 578–579 (2010).
Order revoking probation affirmed.