Opinion
No. 98-P-1924.
November 5, 2001.
The judgment of conviction of assault and battery by means of a dangerous weapon is affirmed. The judgment on the habitual offender conviction is reversed, the verdict is set aside, and judgment shall enter for the defendant. Because the defendant was sentenced pursuant to the habitual offender statute, the sentence must be vacated, and the case is remanded to the Superior Court for resentencing on the conviction of assault and battery by means of a dangerous weapon.