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CEDENO v. COMMONWEALTH

404 Mass. 190 (1989)

534 N.E.2d 293

ENRIGUE CEDENO vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

February 23, 1989.

Attorney(s) appearing for the Case

Arnold R. Rosenfeld, Committee for Public Counsel Services (Maureeen B. Brodoff, Committee for Public Counsel Services, with him) for Enrigue Cedeno.

R. Michael Cassidy, Assistant Attorney General, for the Commonwealth.

Present: WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.

WILKINS, J.

The Legislature has enacted two statutory provisions making the possession of cocaine with intent to distribute it unlawful. The two provisions set forth somewhat inconsistent potential penalties for conviction of that crime. See G.L.c. 94C, § 32A (a), as amended through St. 1982, c. 650, § 7,1 and G.L.c. 94C, § 32A (c), as amended by St. 1988, c. 125...

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