Commonwealth v. Figueroa (Lawyers Weekly No. 10-099-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC-11755 COMMONWEALTH vs. VICTOR FIGUEROA. June 17, 2015. Mayhem. Assault and Battery by Means of a Dangerous Weapon. Practice, Criminal, Duplicative convictions, Lesser included offense. Following a jury trial, the defendant, Victor Figueroa, was convicted of mayhem, in violation of G. L. c. 265, § 14, and assault and battery by means of a dangerous weapon causing serious bodily injury, in violation of G. L. c. 265, § 15A (c) (i).[1] The Appeals Court affirmed the convictions, rejecting, among other things, the defendant’s argument that the convictions are duplicative. See Commonwealth v. Figueroa, 85 Mass. App. Ct. 1127 (2014). The case is now before this court on further appellate review of that limited issue. See 469 Mass. 1110 (2014). Background. We limit our discussion of the facts to those relevant to the duplicative convictions issue, which are as follows. Prior to the attack that led to the convictions, the defendant had been, essentially, stalking the victim. On the morning of March 17, 2005, the victim was riding a bus to work. The defendant was also on the bus, as was the victim’s coworker Silvia Gomez. At their usual stop, the victim and Gomez got off the bus by the front door. The defendant called to the victim and she told him that she had nothing to say to him. The defendant then pulled the victim by her jacket and punched her in the mouth with his hand, striking her twice. The victim became dizzy, felt her face and neck burning, and saw a knife in the defendant’s hand. While the defendant was striking the victim, she tried to run, but the defendant was holding her jacket and arm. Gomez pulled the victim away and they ran toward their office. The victim was subsequently placed in an ambulance and taken to the hospital. As a result of the attack, the victim sustained injuries to her face, neck, ear, and right arm, and has scarring on her face and neck. A police officer who arrived shortly after the attack testified that the victim had at least three lacerations on her face and neck area. At trial, the judge instructed the jury that the mayhem charge related to the injuries to the victim’s face and the assault and battery by means of a dangerous weapon causing serious bodily injury charge related to the […]