Opinion
No. 00-P-1215.
April 12, 2005.
Decision Pursuant to Rule 1:28.
In Commonwealth v. Smith, 58 Mass. App. Ct. 166 (2003), the Appeals Court affirmed the defendant's convictions of assault and battery with intent to murder, assault and battery by means of a dangerous weapon, and unlawful possession of a firearm, fourth offense. The United States Supreme Court then granted certiorari, and in Smith v. Massachusetts, 543 U.S. 462 (2005), reversed the Appeals Court's decision with respect to the conviction of unlawful possession of a firearm. Accordingly, the judgment on the indictment charging unlawful possession of a firearm, fourth offense, is reversed, and the verdict is set aside. The Appeals Court's affirmance of the judgments on the remaining indictments is to stand.