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COMMONWEALTH v. OLIVO

No. 01-P-1587.

58 Mass. App. Ct. 368 (2003)

COMMONWEALTH v. ENRIQUE OLIVO.

Court of Appeals of Massachusetts, Hampden.

June 20, 2003.

Attorney(s) appearing for the Case

Joseph D. Bernard for the defendant.

William M. Bennett, District Attorney, & Jane Davidson Montori & Bethany C. Lowe, Assistant District Attorneys, for the Commonwealth.

Present: BECK, DREBEN, & MCHUGH, JJ.

MCHUGH, J.

After the defendant, Enrique Olivo, sold twenty dollars worth of "crack" cocaine to a State police trooper, he was arrested and indicted for distribution of cocaine, second offense, see G. L. c. 94C, § 32A(c), (d), and distribution of cocaine within 100 feet of a public park, see G. L. c. 94C, § 32J. In the first of two trials mandated by G. L. c. 278, § 11A,1

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