Commonwealth v. Baptista

In March of 2012, a Superior Court jury convicted the defendant, John Baptista, of rape of a child by force and indecent assault and battery on a child under the age of fourteen years. See G. L. c. 265, § 22A; G. L. c. 265, § 13B. Two weeks after sentencing, the trial judge, pursuant to Mass.R.Crim.P. 29(a), 378 Mass. 899 (1979), sua sponte convened a hearing and thereafter increased the defendant’s sentence for the conviction of rape of a child by force. The defendant appeals from his convictions and from the imposition of the increased sentence. For the following reasons, we affirm.

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