COMMONWEALTH v. VEGA

No. 99-P-2108.

54 Mass. App. Ct. 249 (2002)

COMMONWEALTH v. LEONARDO VEGA.

Court of Appeals of Massachusetts, Hampden.

March 19, 2002.


Attorney(s) appearing for the Case

David H. Mirsky for the defendant.

Bethany C. Lowe, Assistant District Attorney, for the Commonwealth.

Present: BROWN, KASS. & KANTROWITZ, JJ.


KASS, J.

On appeal, the defendant argues that the trial judge erred by enhancing the sentence he imposed for the crime of which the jury convicted the defendant by taking into account a crime of which the defendant had been acquitted. The defendant also claims the judge wrongly allowed a peremptory challenge based on membership in an ethnic group and made a significant error in instructing the jury. We affirm.

Facts. From the evidence, the jury that...

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