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COMMONWEALTH v. SILVA

21 Mass. App. Ct. 536 (1986)

488 N.E.2d 34

COMMONWEALTH vs. ANTHONY R. SILVA (and a companion case).

Appeals Court of Massachusetts, Essex.

January 30, 1986.

Attorney(s) appearing for the Case

William A. Bolton for Anthony R. Silva.

Eugene Patrick McCann for Roberto Saparosi.

Elin H. Graydon, Assistant District Attorney, for the Commonwealth.

Present: GREANEY, C.J., PERRETTA, & FINE, JJ.

GREANEY, C.J.

For trafficking in 200 or more grams of cocaine, the Legislature has fixed a mandatory minimum penalty of ten years in prison. G.L.c. 94C, § 32E(b) (3), as appearing in St. 1982, c. 650, § 11. After a joint trial before a jury in the Superior Court, the defendants were convicted of trafficking at that level and of distributing cocaine in violation of G.L.c. 94C, § 32A, as appearing in St. 1982, c. 650, § 7. Silva was sentenced...

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