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COMMONWEALTH v. SMITH

SJC-10814.

460 Mass. 385 (2011)

COMMONWEALTH v. DARRELL SMITH.

Supreme Judicial Court of Massachusetts, Suffolk.

August 12, 2011.

Attorney(s) appearing for the Case

Anna E. Kalluri , Assistant District Attorney, for the Commonwealth.

Cathryn A. Neaves for the defendant.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, & DUFFLY, JJ.

CORDY, J.

On December 7, 2007, Darrell Smith was convicted of armed robbery, G.L. c. 265, § 17; possession of a firearm without a license, as a subsequent offender, G.L. c. 269, § 10 (a) and (d), and as an armed career criminal, G.L. c. 269, § 10G; and various other firearm offenses.1 Although the Commonwealth had proceeded on the theory that Smith was the perpetrator of the crimes, the judge instructed the...

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