COMMONWEALTH v. KEANE

No. 95-P-574.

41 Mass. App. Ct. 656 (1996)

COMMONWEALTH v. PATRICK KEANE.

Court of Appeals of Massachusetts, Suffolk.

November 19, 1996.


Attorney(s) appearing for the Case

James H. Budreau for the defendant.

John P. Zanini, Assistant District Attorney, for the Commonwealth.

Present: JACOBS, GILLERMAN, & IRELAND, JJ.


JACOBS, J.

Convicted of rape by a Superior Court jury, the defendant, after a jury-waived trial, was sentenced pursuant to G. L. c. 279, § 25, as an habitual offender. He appeals, essentially claiming jury coercion, ineffective assistance of counsel, and erroneous denial of his motion to dismiss the habitual offender indictment. We affirm.

1. Coercion of the jury. Arguing that the judge's instruction pursuant to Commonwealth v. Rodriquez...

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