Massachusetts Appeals Court December 6, 2018, 18-P-27 (Commonwealth v. Nieves)

The defendant, Francisco Nieves, Jr., appeals from the denial of his second motion for new trial. The defendant claims that his two convictions and consecutive sentences are duplicative and violate the double jeopardy clause of the Fifth Amendment to the United States Constitution because both arose from the same criminal act. As a result, he asserts, he is entitled to a new trial. We affirm.