Commonwealth v. Bolden

Defendant was convicted on seventeen indictments, including three counts of aggravated burglary. Two of those counts arose from the burglary of a dwelling in Agawam involving two assaults therein, and the third count arose from a break into a home in Springfield and an assault on one of its residents. Defendant filed a motion for postconviction relief seeking to correct illegal sentences, arguing (1) the two Agawan indictments were duplicative, and (2) an amendment to the Springfield indictment as to the person assaulted rendered that conviction unconstitutional. The Supreme Judicial Court reversed in part and affirmed in part, holding (1) Mass. Gen. Laws ch. 266, 14 permits only one burglary conviction per dwelling, and therefore, Defendant’s conviction on the duplicative indictment must be vacated; and (2) the name of the person assaulted was not an essential element to the crime charged in this case, and therefore, the conviction on the amended Springfield indictment was constitutional. View "Commonwealth v. Bolden" on Justia Law