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COMMONWEALTH v. COLLADO

No. 95-P-1659.

42 Mass. App. Ct. 464 (1997)

COMMONWEALTH v. JUAN COLLADO & another.

Court of Appeals of Massachusetts, Essex.

April 9, 1997.

Attorney(s) appearing for the Case

Robert S. Sinsheimer for Juan Collado.

Robert M. Breen for Severeano Tavarez.

Annette C. Benedetto, Assistant Attorney General, for the Commonwealth.

Present: SMITH, IRELAND, & FLANNERY, JJ.

IRELAND, J.

Juan Collado and Severeano Tavarez were placed on trial together, Tavarez by a jury and Collado by a judge, on cocaine trafficking charges that stemmed from the same criminal episode. Both were found guilty and both appealed from their convictions.2

During oral argument, the panel questioned whether G. L. c. 263, § 6, and Mass.R.Crim.P.19(a), 378 Mass. 888 (1979) (both of which provide for waiver of jury trials...

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