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COMMONWEALTH v. PENA

No. 88-P-200.

31 Mass. App. Ct. 201 (1991)

575 N.E.2d 774

COMMONWEALTH vs. MIGUEL PENA.

Appeals Court of Massachusetts, Suffolk.

August 8, 1991.

Attorney(s) appearing for the Case

Nona E. Walker, Committee for Public Counsel Services, for the defendant.

Annemarie Relyea-Chew, Assistant District Attorney, for the Commonwealth.

Present: SMITH, FINE, & PORADA, JJ.

SMITH, J.

The defendant was tried by a Superior Court judge, sitting without a jury, on an indictment charging him with trafficking in cocaine in an amount in excess of 200 grams. G.L.c. 94C, § 32E(b). He was convicted of so much of the indictment that charged him with trafficking in cocaine in an amount more than 100 grams but less than 200 grams. After his conviction, the defendant (represented by new counsel) filed a motion for a new trial on the ground...

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