Supreme Judicial Court, August 9, 2013

Where the Commonwealth has proceeded to sentencing without entering a nolle prosequi on a duplicative conviction, and the trial judge is left to decide whether to vacate the lesser included offense or vacate the offense with the less severe penal consequences, “ the decision is a sentencing decision, and the determination as to which conviction to vacate lies with the sentencing judge, who must exercise discretion to craft the most appropriate individualized sentence within the bounds of the applicable criminal statutes.”