Appeals Court Rules on Lesser Included Offense

Recently the Appeals court decided COMMONWEALTH vs. HERIBITO FIGUEROA MEMORANDUM AND ORDER PURSUANT TO RULE 1:28 COMMONWEALTH OF MASSACHUSETTS APPEALS COURT. The unpublished decision stated that the defendant’s conviction of unlawful possession of ammunition is duplicative of his conviction of possession of a loaded firearm.

Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel’s decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.

The court in ruling stated “the defendant raises various claims of error on appeal from his convictions on charges of violation of an abuse prevention order, G. L. c. 209A, § 7; discharge of a firearm within 500 feet of a building, G. L. c. 269, § 12E; unlawful possession of a loaded firearm, G. L. c. 269, § 10(n); unlawful possession of a firearm, G. L. c. 269, § 10(a); and unlawful possession of ammunition, G. L. c. 269, § 10(h). We address each in turn. 2. Duplicative conviction. The Commonwealth correctly concedes that the defendant’s conviction of unlawful possession of ammunition is duplicative of his conviction of possession of a loaded firearm. See Commonwealth v. Johnson, 461 Mass. 44, 51-53 (2011). The conviction on the charge of unlawful possession of ammunition is accordingly vacated, and the charge is dismissed.”

 

About Attorney Ronald A. Sellon

Ronald A. Sellon is a licensed Attorney in the state of Massachusetts and U.S. District Court, Massachusetts as well as a Sergeant with a Municipal Police Department and U.S. military Veteran. Additionally, he has taught Criminal Procedure at the Massachusetts State Police Academy in New Braintree and has written a text on Criminal Procedure for police field training officer programs. He is a graduate of the FBI National Academy, was a 2008 recipient of the Massachusetts Coalition of Police (Mass C.O.P.) Presidents award and holds a Bachelors Degree in Law Enforcement, a Masters Degree in Criminal Justice Administration, and a Juris Doctor Law Degree. Questions related to content material may be directed to RSellon@PoliceLegalPromotions.com
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