Commonwealth v. Aldrich (No. 1)

The defendant, Robert Aldrich, appeals from his convictions of unarmed burglary in the nighttime (count I), two counts of larceny over $250 (counts II and III), attempted larceny (count IV), 1 and from the order denying his motion for new trial. He contends that the two larceny convictions are duplicative, and that his conviction of attempted larceny is duplicative of one of the larceny convictions. We conclude that the two larceny convictions are not duplicative because the facts support two convictions based on two separate takings. We further conclude that attempted larceny is a lesser…