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COMMONWEALTH v. MIRANDA

441 Mass. 783 (2004)

COMMONWEALTH v. KELMER MIRANDA.

Supreme Judicial Court of Massachusetts, Essex.

May 27, 2004.

Attorney(s) appearing for the Case

Gregory I. Massing, Assistant District Attorney, for the Commonwealth.

David B. Mark for the defendant.

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

IRELAND, J.

The defendant, Kelmer Miranda, was charged in three separate indictments with distribution of heroin (first indictment), distribution of heroin or possession of heroin with intent to distribute, as a second or subsequent offense (second indictment), and conspiracy to violate the controlled substance laws.1 After a Superior Court jury convicted the defendant of distribution of heroin...

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