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COMMONWEALTH v. MARINHO

SJC-11058.

464 Mass. 115 (2013)

COMMONWEALTH v. ALESSANDRO M. MARINHO.

Supreme Judicial Court of Massachusetts, Barnstable.

January 14, 2013.

Attorney(s) appearing for the Case

Amy M. Belger for the defendant.

Elizabeth Sweeney , Assistant District Attorney, for the Commonwealth.

Jennifer Klein , Wendy Wayne , & Jeanette Kain , Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

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

SPINA, J.

On February 17, 2010, a jury in the District Court convicted the defendant, Alessandro M. Marinho, and a codefendant, Justin Parietti, each of one count of assault and battery causing serious bodily injury pursuant to G. L. c. 265, § 13A (b). The defendant was acquitted of assault and battery with a dangerous weapon pursuant to G. L. c. 265, § 15A (b).1 He was sentenced to two and one-half years in a house...

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