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COMMONWEALTH v. BARBOSA

SJC-10380.

457 Mass. 773 (2010)

COMMONWEALTH v. HELDER BARBOSA.

Supreme Judicial Court of Massachusetts, Suffolk.

September 7, 2010.

Attorney(s) appearing for the Case

Elizabeth Doherty for the defendant.

Elisabeth Kosterlitz, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J. IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

GANTS, J.

The defendant was charged with shooting Geraldo Carbuccia and Edward Serret on October 6, 2004, injuring Carbuccia and killing Serret. On February 2, 2007, a jury in the Superior Court convicted the defendant of murder in the first degree of Serret on the theories of deliberate premeditation and extreme cruelty or atrocity, and of armed assault of Carbuccia with intent to murder.1

Represented by new counsel, the defendant...

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