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COMMONWEALTH v. RIVAS

No. SJC-11268.

466 Mass. 184 (2013)

COMMONWEALTH v. ANGEL RIVAS.

Supreme Judicial Court of Massachusetts, Hampden.

August 9, 2013.

Attorney(s) appearing for the Case

Susan E. Taylor for the defendant.

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

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

DUFFLY, J.

We consider in this case whether, when a defendant is convicted of duplicative offenses, the lesser included offense must be vacated, even when it carries a higher penalty than the greater offense. The defendant was convicted by a Superior Court jury of four charges of possession of firearms and ammunition. The Commonwealth and the defendant agree that two of the four convictions on which sentence was imposed...

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