Decisions Pursuant to Rule 1:28.
So much of the order that denied Kincaid's motion to dismiss is affirmed. So much of the order that denied Jansen's motion to dismiss so much of indictment 2005-203-1 that charged the lesser included offense of rape is affirmed. So much of the order that allowed Jansen's motion to dismiss so much of indictment 2005-203-1 that charged aggravated rape is reversed. So much of the order that allowed Jansen's motion to dismiss indictments 2005-203-2 and 2005-203-3 is reversed. The case is remanded to the Superior Court for further proceedings consistent with the memorandum and order of the Appeals Court. Further appellate review granted to William Jansen only, 456 Mass. 1103 (2010).