Commonwealth v. Davis

Following a joint trial in the Superior Court, a jury convicted the defendant, Clovicel Davis, and his brother, Curtis Davis, of two counts of unarmed robbery, in violation of G. L. c. 265, § 19(b). Clovicel has appealed, claiming that his convictions are duplicative and, as such, violate the double jeopardy clause of the Fifth Amendment to the United States Constitution. He also asserts error in the judge’s jury instruction on identification and the prosecutor’s closing argument. For the reasons that follow, we conclude there was no error at trial, but we agree with the defendant that the…