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COMMONWEALTH v. MEDEIROS

No. 07-P-418.

73 Mass. App. Ct. 571 (2009)

COMMONWEALTH v. KEVIN G. MEDEIROS.

Appeals Court of Massachusetts, Plymouth.

January 26, 2009.

Attorney(s) appearing for the Case

Stacey Gross Marmor for the defendant.

Gail M. McKenna, Assistant District Attorney, for the Commonwealth.

Present: BERRY, SMITH, & RUBIN, JJ.

RUBIN, J.

In this criminal case, the defendant was convicted of rape of a child with force, assault and battery, and aggravated rape, with the only evidence supporting aggravation being that the rape was committed as part of a joint venture. His codefendant, who is not a party to this appeal, was convicted only of assault and battery, and not of rape.1 The defendant contends that his...

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