Opinion
No. 06-P-163.
March 6, 2007.
Decision Pursuant to Rule 1:28.
The judgments for assault and battery by means of a dangerous weapon are affirmed. On the charge of use of a firearm during the commission of a felony on October 26, 2001 (indictment no. 02-666-5), the judgment is vacated, the guilty plea is set aside, and the indictment shall be dismissed. On the charge of use of a firearm during the commission of a felony on March 22, 2002 (indictment no. 02-374-5), the sentence is vacated and the case is remanded for resentencing in accordance with the memorandum and order of the Appeals Court.