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COMMONWEALTH v. MARTINS

No. 94-P-564.

38 Mass. App. Ct. 636 (1995)

COMMONWEALTH vs. JOSE MARTINS (and three companion cases).

Appeals Court of Massachusetts, Suffolk.

June 19, 1995.

Attorney(s) appearing for the Case

Rosemary J. Cooper for Jose Martins.

Jane Larmon White, Committee for Public Counsel Services, for Arthur Barboza.

Jane A. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, PORADA, & IRELAND, JJ.

PORADA, J.

Each of the defendants was tried and convicted of aggravated rape and kidnapping by a jury in the Superior Court. The defendants have appealed, claiming error in the imposition of consecutive sentences for the crimes of aggravated rape and kidnapping, in the admission of fresh complaint testimony that allegedly exceeded the scope of the victim's testimony, in the judge's refusal to dismiss a juror for alleged memory lapses, and in the judge's giving an...

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