Commonwealth v. Hernandez

The defendant was convicted by a Superior Court jury on indictments charging seven counts, including armed robbery and armed assault with intent to rob, arising from crimes committed at two retail stores in July and November of 2000. He filed a motion for a new trial, claiming *427that he had been deprived of his constitutional right to effective assistance of counsel because counsel allegedly failed to consult with him concerning the question of joinder of indictments and because trial counsel failed to move for a mistrial after the judge noted that a juror might have been “nodding off” from…