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COMMONWEALTH v. AVILES

SJC-10846.

461 Mass. 60 (2011)

COMMONWEALTH v. ANGEL AVILES.

Supreme Judicial Court of Massachusetts, Hampden.

December 6, 2011.

Attorney(s) appearing for the Case

Eric S. Brandt , Committee for Public Counsel Services, for the defendant.

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

William F. Sheehan , of the District of Columbia, & Colby Bruno , Brenda R. Sharton , & Katherine A. Borden , for Victim Rights Law Center & others, amici curiae, submitted a brief.

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

SPINA, J.

A jury in the Superior Court found the defendant, Angel Aviles, guilty of rape of a child, pursuant to G. L. c. 265, § 23, and indecent assault and battery on a child under the age of fourteen, pursuant to G. L. c. 265, § 13B. The defendant appealed. A divided panel of the Appeals Court affirmed the convictions, see Commonwealth v. Aviles, 77 Mass.App.Ct. 389 (2010), and we granted the defendant...

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