NOTICE: Summary decisions issued by the Appeals Court pursuant to M.A.C. Rule
23.0, as appearing in 97 Mass. App. Ct. 1017 (2020) (formerly known as rule 1:28,
as amended by 73 Mass. App. Ct. 1001 [2009]), are primarily directed to the parties
and, therefore, may not fully address the facts of the case or the panel's
decisional rationale. Moreover, such decisions are not circulated to the entire
court and, therefore, represent only the views of the panel that decided the case.
A summary decision pursuant to rule 23.0 or rule 1:28 issued after February 25,
2008, may be cited for its persuasive value but, because of the limitations noted
above, not as binding precedent. See Chace v. Curran, 71 Mass. App. Ct. 258, 260
n.4 (2008).
COMMONWEALTH OF MASSACHUSETTS
APPEALS COURT
23-P-500
COMMONWEALTH
vs.
MALIK A. GONCALVES.
MEMORANDUM AND ORDER PURSUANT TO RULE 23.0
Following a jury trial in the District Court, the defendant
was convicted of criminal trespass, in violation of G. L.
c. 266, § 120.
1
On appeal, the defendant challenges the
sufficiency of the evidence.
2
We reverse.
Background. We summarize the relevant evidence in the
light most favorable to the Commonwealth. See Commonwealth v.
Latimore, 378 Mass. 671, 676-677 (1979). At around 9 P.M. on
1
The defendant was acquitted of charges of carrying a
firearm without a license, possession of ammunition without a
firearm identification card, and carrying a loaded firearm
without a license.
2
The defendant also raises claims of error in the denial of
his motion to dismiss, certain evidentiary rulings and
statements by the trial judge, and the trial judge's
instructions to the jury. Because we conclude that there was
insufficient evidence to support the jury's guilty verdict, we
need not address these additional claims.