COMMONWEALTH v. MONTOYA

No. 06-P-1692.

73 Mass. App. Ct. 125 (2008)

COMMONWEALTH v. LUZANDER MONTOYA.

Appeals Court of Massachusetts, Hampden.

November 13, 2008.


Attorney(s) appearing for the Case

William R. Hill, Jr., Committee for Public Counsel Services, for the defendant.

Thomas H. Townsend, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, GELINAS, & KANTROWITZ, JJ.


PERRETTA, J.

At the conclusion of a jury trial, the defendant was found guilty of resisting arrest in violation of G. L. c. 268, § 32B(a), inserted by St. 1995, c. 276 (hereinafter § 32B[a]). He argues on appeal that because the evidence was insufficient to show that his actions constituted resisting arrest within the comprehension of the statute, the judge erred in denying his motion for...

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