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COMMONWEALTH v. RODRIGUEZ

No. 07-P-1847.

76 Mass. App. Ct. 59 (2009)

COMMONWEALTH v. JONATHAN RODRIGUEZ.

Appeals Court of Massachusetts, Middlesex.

December 29, 2009.

Attorney(s) appearing for the Case

Jennifer H. O'Brien for the defendant.

Susanne R. Bines, Assistant District Attorney, for the Commonwealth.

Present: BERRY, MILLS, & WOLOHOJIAN, JJ.

MILLS, J.

The defendant was convicted as a youthful offender of rape of a child by force (penis in genital opening), G. L. c. 265, § 22A, and rape of a child (penis in mouth), G. L. c. 265, § 23. The charges arose out of an evening of drinking alcohol, culminating in sexual activity among five boys and two girls. The defendant appeals from his convictions and from the denial of his motion for a new trial...

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