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COMMONWEALTH v. TORRES

SJC-10235

453 Mass. 722 (2009)

COMMONWEALTH v. GILBERTO TORRES.

Supreme Judicial Court of Massachusetts, Hampden.

May 5, 2009.

Attorney(s) appearing for the Case

Andrew S. Crouch for the defendant.

Dianne M. Dillon, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., IRELAND, SPINA, CORDY, & BOTSFORD, JJ.

MARSHALL, C.J.

The defendant was convicted by a Superior Court jury of distributing heroin in a school zone, and he pleaded guilty as a subsequent offender on the distribution charge. See G. L. c. 94C, § 32 (b); G. L. c. 94C, § 32J. On appeal to the Appeals Court, he claimed that his trial counsel was constitutionally ineffective in failing to use peremptory challenges to remove two jurors; the judge abused...

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