Commonwealth v. Pinero

The defendant was convicted by a Superior Court jury of assault and battery, G. L. c. 265, § 13A. The same jury failed to reach a verdict on a second indictment charging assault with intent to rape, G. L. c. 265, § 24. Sentencing on the conviction was postponed until after the second indictment was retried. At the retrial, a second jury convicted the defendant on that second indictment. The defendant was then sentenced on both convictions, and he appealed.

*398We state the material facts briefly. According to the victim, the defendant approached the victim in her driveway, threatened her, and…