Commonwealth v. Mendez

Following a jury trial, the defendant was convicted of violation of an abuse prevention order, G.L.c. 209A, § 7, assault and battery on a family or household member, G.L.c. 265, § 13M(a ), and witness intimidation, G.L.c. 268, § 13B. On appeal, he argues that (1) with respect to the assault and battery charge, he may have been convicted of a crime for which he was not indicted; (2) with respect to the witness intimidation charge, the jury may have convicted him of intimidating the wrong witness, and he may have been convicted of uncharged conduct; and (3) the trial judge erred in allowing the…