COMMONWEALTH v. ORTIZ

No. 03-P-977.

61 Mass. App. Ct. 468 (2004)

COMMONWEALTH vs. CARLOS ORTIZ.

Appeals Court of Massachusetts, Essex.

July 13, 2004.


Attorney(s) appearing for the Case

Jane Larmon White, Committee for Public Counsel Services, for the defendant.

Gregory I. Massing, Assistant District Attorney, for the Commonwealth.

Present: CYPHER, GRASSO, & KAFKER, JJ.


CYPHER, J.

The defendant, Carlos Ortiz, appeals from his conviction for armed robbery. The defendant advanced an alibi defense. He claims, and we agree, that the judge erred by giving a "missing witness" instruction regarding a potential alibi witness.1

1. Background. A jury could have found the following facts. At around 10:00 P.M., on April 30, 2001, Oscar Reynoso was...

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