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RENDON-ALVAREZ v. COMMONWEALTH

437 Mass. 40 (2002)

JOSE LUIS RENDON-ALVAREZ v. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

May 24, 2002.

Attorney(s) appearing for the Case

Edward L. Hayden for the defendant.

John V. Apruzzese, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, IRELAND, COWIN, SOSMAN, & CORDY, JJ.

COWIN, J.

Jose Luis Rendon-Alvarez (defendant) seeks to preclude his retrial on a charge of trafficking in cocaine claiming a violation of double jeopardy principles.1 After his conviction by a jury on a theory of joint venture, the conviction was reversed by the Appeals Court on a ground other than the sufficiency of the evidence, see Commonwealth v. Rendon-Alvarez,

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