Commonwealth v. Gagnon

On reconsideration of the application, we granted further appellate review in this case limited to the question whether the Appeals Court erred in not ordering resentencing on a conviction of armed robbery while masked when it ordered sentencing on the defendant’s conviction of assault with intent to murder. Commonwealth v. Gagnon, 37 Mass. App. Ct. 626 (1994). The Appeals Court had reduced the verdict of armed assault with intent to murder to assault with intent to murder and ordered sentencing on the revised verdict.

The record shows that the sentencing judge considered the defendant’s…