Commonwealth v. Trotto
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The Supreme Judicial Court affirmed Defendant's conviction of felony murder but vacated Defendant's conviction of murder in the first degree and remanded the matter for entry of a verdict of guilty of murder in the second degree, holding that the conviction of murder in the first degree was invalid.
Defendant was convicted of murder in the first degree on a theory of joint venture felony-murder, with aggravated kidnapping as the predicate felony. On appeal, the Commonwealth conceded that the first-degree murder conviction was invalid because, at the time of the offense, the felony of aggravated kidnapping did not exist, and therefore, Defendant could be convicted only of felony-murder in the second degree. Defendant also raised several allegations of error on appeal. The Supreme Judicial Court held (1) the interests of justice were best served by reducing the degree of guilt to murder in the second degree; and (2) Defendant was not entitled to relief on his remaining allegations of error.
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