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COMMONWEALTH v. ARRIAGA

No. 96-P-0272.

44 Mass. App. Ct. 382 (1998)

COMMONWEALTH v. HERIBERTO ARRIAGA.

Court of Appeals of Massachusetts, Hampden.

March 10, 1998.

Attorney(s) appearing for the Case

Brownlow M. Speer, Committee for Public Counsel Services, for the defendant.

Lori K. Odierna, Assistant District Attorney, for the Commonwealth.

Present: BROWN, SMITH, & LAURENCE, JJ.

BROWN, J.

The defendant pleaded guilty to indictments charging assault and battery by means of a dangerous weapon, G. L. c. 265, § 15A, and armed assault with intent to murder, G. L. c. 265, § 18. He received consecutive sentences as follows: a committed State prison sentence with respect to the former offense, and a sentence of probation with respect to the latter. The defendant served his full State prison sentence (i.e., he was not

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