State v. Russell
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The Supreme Judicial Court affirmed in part and vacated in part the judgment of the trial court convicting Defendant of gross sexual assault and four related crimes, holding that a specific unanimity instruction was necessary as to counts three and four.
On appeal, Defendant argued that the trial court erred in not giving a specific unanimity instruction. The State conceded that a specific unanimity instruction was necessary as to counts three and four. The Supreme Court (1) vacated Defendant's convictions as to counts three and four; and (2) affirmed the judgment on but vacated Defendant's sentences imposed on counts one, two, and five because the sentences may have been affected by the now-vacated convictions on counts three and four.
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