Santana v. Commonwealth

In 2011, a panel of this court reversed the plaintiffs conviction of rape and ordered the dismissal of what was then the only remaining count in the indictment against him, the jury having acquitted him on all other counts. The panel held that the trial judge had erroneously instructed the jury on the lesser included offense of rape with respect to the count charging the plaintiff with aggravated rape as a joint venturer,1 because “no rational view of the evidence supports the finding .. . that he was guilty of rape, but not aggravated rape, with respect to the conduct charged.” Commonwealth…