Commonwealth v. Fox

In 2014, following a jury-waived trial in the Superior Court, the defendant was convicted of home invasion, G. L. c. 265, § 18C ; carrying a dangerous weapon, G. L. c. 269, § 10 (b ) (second offense); stalking, G. L. c. 265, § 43 (a ) ; witness intimidation, G. L. c. 268, § 13B ; annoying communications, G. L. c. 269, § 14A ; and assault and battery, G. L. c. 265, § 13A (a ). The defendant appealed the judgments and also filed a motion for release from unlawful restraint pursuant to Mass. R. Crim. P. 30 (a), as appearing in 435 Mass. 1501 (2001). The trial judge denied the rule 30 (a) motion…