Opinion
11-P-107
03-21-2012
COMMONWEALTH v. FRANCISCO M. FERRER.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
The defendant, Francisco M. Ferrer, was found guilty of a litany of criminal charges, the most serious of which were masked armed robbery and two counts of armed assault in a dwelling. On direct appeal, his convictions were affirmed. See Commonwealth v. Ferrer, 53 Mass. App. Ct. 1106 (2001). Since then, the defendant has filed various other posttrial motions, all of which were without success.
Before us, he claims that the jury instruction given on the assault to murder charge was faulty. Given the failure to raise this claim earlier, it is waived. Notwithstanding this, we have reviewed the matter and find it, for the reasons cited in the brief of Commonwealth at 16-22, to be without merit.
Order denying motion for postconviction relief affirmed.
By the Court (Kantrowitz, Berry & Vuono, JJ.),