Commonwealth v. Negron, 462 Mass. 102

In 2003, four men attempted to rob an Springfield apartment; one shot a resident with a BB gun and three escaped.
Negron was found nearby and identified as one of the intruders.
He was indicted on home invasion, assault with a dangerous weapon, aggravated burglary, and armed assault in a dwelling.
On May 13, 2004, Negron pled guilty to assault and battery with a dangerous weapon, aggravated burglary, and armed assault in a dwelling; sentences included imprisonment and concurrent probation.
Negron later moved under Rule 30(a) to vacate the armed assault in a dwelling conviction as duplicative of aggravated burglary; the motion was denied and appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a guilty plea waives double jeopardy review	Negron can challenge duplicative convictions despite plea	Waiver applies; plea forecloses duplicative challenges	Plea does not bar duplicative-conviction challenge; review allowed
Whether armed assault in a dwelling is a lesser included offense of aggravated burglary	Armed assault in a dwelling is a lesser included offense	Not a lesser included offense; both require distinct elements	Not duplicative; not a lesser included offense of aggravated burglary

Luk v. Commonwealth, 421 Mass. 415 (1995) (double jeopardy prohibits duplicative punishment)
North Carolina v. Pearce, 395 U.S. 711 (1969) (double jeopardy protections and multiple punishments)
Kuklis v. Commonwealth, 361 Mass. 302 (1972) (plea defenses and duplicative convictions analyzed)
Brown v. Ohio, 432 U.S. 161 (1977) (same offense and multiple punishment limits)
Commonwealth v. Clark, 379 Mass. 623 (1980) (guilty plea does not preclude constitutional double jeopardy review)
Broce, 488 U.S. 563 (1989) (relinquishment rule for collateral double jeopardy review; exceptions exist)
Commonwealth v. LePage, 352 Mass. 403 (1967) (federal rules do not govern Massachusetts procedures)
Lefkowitz v. Newsome, 420 U.S. 283 (1975) (state law governs waiver of constitutional claims after guilty plea)
Menna v. New York, 423 U.S. 61 (1975) (plea of guilty does not waive double jeopardy where charge constitutionally invalid)
Commonwealth v. Vick, 454 Mass. 418 (2009) (elements-based approach to duplicativeness of charges)
Commonwealth v. Jones, 382 Mass. 387 (1981) (elements-based test for duplicative convictions)
Commonwealth v. Rolon, 438 Mass. 808 (2003) (forms of aggravated burglary; distinction for duplicative analysis)
Commonwealth v. Ruiz, 426 Mass. 391 (1998) (elements of armed assault in a dwelling)
Commonwealth v. Enos, 26 Mass. App. Ct. 1006 (1988) (attempted to treat armed assault in dwelling as lesser included offense)