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COMMONWEALTH v. VILLALTA-DUARTE

No. 00-P-1270.

55 Mass. App. Ct. 821 (2002)

COMMONWEALTH v. JOSE M. VILLALTA-DUARTE.

Court of Appeals of Massachusetts, Suffolk.

September 12, 2002.

Attorney(s) appearing for the Case

William R. Hill, Jr., Committee for Public Counsel Services, for the defendant.

Alex G. Philipson, Assistant District Attorney (David Deakin, Assistant District Attorney, with him) for the Commonwealth.

Present: BECK, GILLERMAN, & KAFKER, JJ.

BECK, J.

A Superior Court jury convicted the defendant of two counts of rape of a child, two counts of assault with intent to rape, and one count of indecent assault and battery of a child. He was found not guilty of assault and battery of a child under fourteen causing bodily injury. On appeal, the defendant claims, as he did in a motion to dismiss the indictments and in his three motions for a required finding of not guilty, that there was

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