COMMONWEALTH v. LOPEZ

No. 91-P-121.

31 Mass. App. Ct. 547 (1991)

581 N.E.2d 485

COMMONWEALTH vs. ARMANDO LOPEZ (and three companion cases).

Appeals Court of Massachusetts, Worcester.

November 15, 1991.


Attorney(s) appearing for the Case

Carol A. Donovan, Committee for Public Counsel Services, for Pedro Saname.

Andrew L. Mandell for Armando Lopez.

Claudia R. Sullivan, Assistant District Attorney, for the Commonwealth.

Present: PERRETTA, KASS, & GILLERMAN, JJ.


GILLERMAN, J.

Each of the defendants was tried and convicted of trafficking in more than one hundred grams of cocaine, see G.L.c. 94C, § 32E(b)(2), as amended through St. 1983, c. 571, § 3, and unlawful possession of a controlled substance with intent to distribute, see G. L c. 94C, § 32A(a). The Commonwealth concedes that, if the convictions for trafficking are affirmed the indictments for possession should be dismissed as duplicative...

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