Commonwealth v. Martinez

At issue on appeal is whether G. L. c. 265, § 18C, applies to an assault of an individual who entered a dwelling after the defendant and codefendant had entered the dwelling and already had assaulted the persons who were present. This individual was not a legal occupant or legal resident of the apartment. We hold it does, so we affirm.

Factual and procedural background. The defendant appeals from his convictions arising from an incident at 91 Nashua *289Street.1 Specifically, on appeal the defendant argues it was error to deny his motion for a required finding of not guilty on one count of home…