Legal Opinion
Commonwealth v. Botev
Massachusetts Appeals Court
Decided April 15, 2011No. 10-P-889PublishedCited by 8 opinions
1Opinion of the CourtCohen, J.
After a jury-waived trial in the District Court in February, 2010, the defendant was convicted and sentenced on two counts of open and gross lewdness, in violation of G. L. *282c. 272, § 16.1,2 In this appeal, the defendant argues (1) that the victims should not have been allowed to identify him at trial, and (2) that his convictions are duplicative. We conclude that there was no error in the admission of the victims’ in-court identifications; however, we agree with the defendant that only one of his convictions of open and gross lewdness can stand.
Background. On November 14, 2008, at…
2Cases cited35 opinions
- United States v. CrewsSupreme Court of the United States · 1980
- Commonwealth v. FreemanMassachusetts Supreme Judicial Court · 1967
- Morey v. CommonwealthMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. BotelhoMassachusetts Supreme Judicial Court · 1976
- Commonwealth v. DonovanMassachusetts Supreme Judicial Court · 1985
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3Cited by8 opinions
- Commonwealth v. RollinsMassachusetts Supreme Judicial Court · 2014
- Commonwealth v. TraylorMassachusetts Supreme Judicial Court · 2015
- Commonwealth v. MaguireMassachusetts Supreme Judicial Court · 2017
- Commonwealth v. TaranovskyMassachusetts Appeals Court · 2018
- Commonwealth v. WassilieMassachusetts Supreme Judicial Court · 2019
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