Commonwealth v. Phuon
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The Supreme Judicial Court affirmed Defendant's conviction of murder in the first degree but dismissed Defendant's convictions of possession of ammunition, holding that those convictions were duplicative of the convictions of possession of a loaded firearm.
Defendant was convicted of murder in the first degree and on twenty-four other indictments that included various firearms charges and other charges related to the injuries Defendant inflicted on victims when he fired shots at a New Year's Eve house party. The Supreme Judicial Court affirmed, holding (1) there was not a substantial likelihood of a miscarriage of injustice even though the verdict slip indicated that the jury found Defendant guilty of both murder in the first degree and murder in the second degree; (2) two convictions of possession of ammunition must be dismissed because they were lesser included offenses of Defendant's convictions of possession of a loaded firearm; and (3) this Court declines to exercise its extraordinary power under Mass. Gen. Laws ch. 278, 33E to order a new trial or to reduce the degree of guilt.
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