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COMMONWEALTH v. GONZALEZ

No. 11-P-1912.

86 Mass. App. Ct. 253 (2014)

COMMONWEALTH, v. LUIS GONZALEZ.

Appeals Court of Massachusetts, Essex.

September 5, 2014.

Attorney(s) appearing for the Case

Sharon Fray-Witzer for the defendant.

Marcia H. Slingerland , Assistant District Attorney, for the Commonwealth.

Present: CYPHER, RUBIN, & HINES, JJ.

RUBIN, J.

Background. The defendant was convicted after a jury trial of armed carjacking, armed robbery, and intimidation of a witness. See G. L. c. 265, §§ 21A, 17; G. L. c. 268, § 13B. This is his direct appeal.

During deliberations, the jurors sent the judge a question which read: "It has come to the group's attention that one juror fell asleep during the presentation of evidence...

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