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COMMONWEALTH v. GUNTER.

SJC-10733.

459 Mass. 480 (2011)

COMMONWEALTH v. PAUL GUNTER.

Supreme Judicial Court of Massachusetts, Suffolk.

April 19, 2011.

Attorney(s) appearing for the Case

James M. Doyle for the defendant.

Kathleen Celio, Assistant District Attorney, for the Commonwealth.

Present: SPINA, COWIN, COADY, BOTSFORD, & GANTS, JJ.

SPINA, J.

The defendant was convicted of murder in the first degree on a theory of felony-murder, G. L. c. 265, § 1; armed assault in a dwelling with intent to commit a felony, G. L. c. 265, § 18A; and illegal possession of a firearm, G. L. c. 269, § 10 (a). We affirmed the murder and firearm convictions but vacated the armed assault in a dwelling conviction for the reason that, as the predicate felony...

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