Commonwealth v. Santos

A jury convicted the defendant of armed robbery, assault by means of a dangerous weapon, and threatening to commit a crime.1 In an unpublished memorandum and order pursuant to its rule 1:28, the Appeals Court affirmed the convictions. Commonwealth v. Santos, 54 Mass. App. Ct. 1116 (2002). We granted the defendant’s application for further appellate review. We now affirm the conviction of armed robbery and vacate the conviction of assault by means of a dangerous weapon.2

1. Facts. Taking the evidence in the light most favorable to the Commonwealth, the facts are as follows. On September 23,…