COMMONWEALTH v. GONZALEZ


22 Mass. App. Ct. 274 (1986)

493 N.E.2d 516

COMMONWEALTH vs. FRANCISCO GONZALEZ.

Appeals Court of Massachusetts, Bristol.

May 30, 1986.


Attorney(s) appearing for the Case

Andrew Silverman, Committee for Public Counsel Services, for the defendant.

Bernadette L. Sabra, Assistant District Attorney (Dana A. Curhan, Assistant District Attorney, with her) for the Commonwealth.

Present: DREBEN, CUTTER, & WARNER, JJ.


WARNER, J.

After separate trials, see G.L.c. 278, § 11A, the defendant was found guilty by a Superior Court jury of possession of heroin with intent to distribute (G.L.c. 94C, § 32[a]) and of having been convicted of the same offense on one or more prior occasions (G.L.c. 94C, § 32[b], as appearing in St. 1982, c. 650, § 6). On appeal, the defendant challenges the sufficiency of the indictment on the latter charge and, as to the former...

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