Commonwealth v. Quiles
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The Supreme Judicial Court vacated Defendant's conviction of armed assault with intent to rob as duplicative of his felony murder conviction and otherwise affirmed Defendant's convictions, holding that the evidence supporting the conclusion that Defendant attempted to commit an armed robbery was the same as the evidence establishing that Defendant committed an armed assault with intent to rob.
After a jury trial, Defendant was convicted of murder in the first degree on the theory of felony murder, with the predicate offense of armed robbery, armed assault with intent to rob, and armed home invasion. The Supreme Judicial Court vacated Defendant's convictions of armed assault with intent to rob as duplicative of the predicate felony of armed robbery and declined to exercise its authority under Mass. Gen. Laws ch. 278, 33E to grant a new trial or reduce or set aside the verdict of murder in the first degree, holding that the conviction of armed assault with intent to rob must be vacated as duplicative of Defendant's felony-murder conviction.
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