COMMONWEALTH v. VARNEY


391 Mass. 34 (1984)

461 N.E.2d 177

COMMONWEALTH vs. DONALD VARNEY.

Supreme Judicial Court of Massachusetts, Suffolk.

February 1, 1984.


Attorney(s) appearing for the Case

Thomas F. Heffernon for the defendant.

Michael J. Traft, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, & NOLAN, JJ.


ABRAMS, J.

After trial by jury, the defendant, Donald Varney, was convicted of unlawful possession with an intent to distribute more than 200 grams of a mixture containing cocaine, a Class B controlled substance. G.L.c. 94C, § 32E (b) (3), inserted by St. 1980, c. 436, § 4. Pursuant to § 32E (b) (3), Varney was sentenced to the Massachusetts Correctional Institution, Walpole, for a term of ten years. Varney's sentence was stayed pending...

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