COMMONWEALTH v. BERGQUIST

No. 99-P-828.

51 Mass. App. Ct. 53 (2001)

COMMONWEALTH v. DANIEL BERGQUIST.

Court of Appeals of Massachusetts, Franklin.

February 23, 2001.


Attorney(s) appearing for the Case

Michele R. Moretti for the defendant.

Cynthia M. Pepyne, Assistant District Attorney, for the Commonwealth.

Present: LENK, DREBEN, & GILLERMAN, JJ.


DREBEN, J.

The defendant was convicted of possession of marijuana as a first offense under G. L. c. 94C, § 34. The only question he raises in his appeal is whether his sentence, thirty days to be served in a house of correction, was precluded by the third paragraph of G. L. c. 94C, § 34. We hold that the sentence was properly imposed.

It may be helpful to set forth the statutory scheme of § 34 before examining the proceedings involving the defendant...

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