Commonwealth v. Ortiz

There were three indictments for rape (G. L. c. 265, *778§ 22[b]): sequentially oral, anal, and then again oral. Michael Ortiz, the defendant, was acquitted by a jury of the first, found guilty of indecent assault and battery (G. L. c. 265, § 13H) under the second, and guilty of assault and battery (G. L. c. 265, § 13A) under the third. We reverse the judgment of indecent assault and battery because the evidence of anal rape did not admit a finding of that lesser included offense. We affirm the judgment of assault and battery.

1. Facts. On September 14, 1995, the complainant was in the process of…