Opinion
No. 07-P-1721.
August 10, 2010.
Decisions Pursuant to Rule 1:28.
The guilty verdict on so much of the rape indictment that charged the rape to be aggravated is vacated and the case is remanded to the Superior Court to permit the Commonwealth to move to have the defendant sentenced on the lesser included offense of rape. Further appellate review granted, 458 Mass. 1110 (2010).