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COMMONWEALTH v. GONZALEZ

No. 89-P-130.

28 Mass. App. Ct. 10 (1989)

545 N.E.2d 862

COMMONWEALTH vs. RAFAEL GONZALEZ.

Appeals Court of Massachusetts, Suffolk.

November 6, 1989.

Attorney(s) appearing for the Case

John F. Donovan for the defendant.

David B. Mark, Assistant District Attorney, for the Commonwealth.

Present: SMITH, CUTTER, & FINE, JJ.

CUTTER, J.

The defendant, Gonzalez, was indicted for murder in the first degree and for unlawfully carrying a weapon. He was found guilty on February 26, 1985, of murder in the second degree and of the weapon charge, after trial before a Superior Court judge and a jury. He was sentenced on February 27 and March 6, 1985. An appeal from these convictions was dismissed by this court for lack of prosecution.

A motion, pursuant to Mass.R.Crim.P. 30(b), 378 Mass...

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