COMMONWEALTH v. AHART

No. 04-P-476.

63 Mass. App. Ct. 413 (2005)

COMMONWEALTH v. REMEL AHART.

Appeals Court of Massachusetts, Middlesex.

May 4, 2005.


Attorney(s) appearing for the Case

Craig F. Iannini for the defendant.

Sheryl F. Grant, Assistant District Attorney, for the Commonwealth.

Present: CYPHER, KANTROWITZ, & COWIN, JJ.


KANTROWITZ, J.

The defendant, Remel Ahart, was convicted by a six-person jury of possession of cocaine with intent to distribute, G. L. c. 94C, § 32A(a), in a school zone, G. L. c. 94C, § 32J. On appeal, he argues that (1) the evidence introduced was only sufficient to prove possession, not intent to distribute; and (2) the substance taken from him was not the substance alluded to in the drug certificate. We affirm.

Facts. On May 28...

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