COMMONWEALTH v. WARE

No. 07-P-1701.

75 Mass. App. Ct. 220 (2009)

COMMONWEALTH v. KENNETH WARE.

Appeals Court of Massachusetts, Suffolk.

September 23, 2009.


Attorney(s) appearing for the Case

Elizabeth Caddick for the defendant.

Joseph M. Ditkoff, Assistant District Attorney (Jennifer J. Hickman, Assistant District Attorney, with him) for the Commonwealth.

Present: TRAINOR, KATZMANN, & VUONO, JJ.


KATZMANN, J.

In this case we address whether a District Court conviction of possession of cocaine with the intent to distribute is a predicate offense under the armed career criminal statute. We also consider issues arising from the denial of a motion to suppress evidence.

On December 17, 2001, Kenneth Ware was indicted on charges of assault and battery by means of a dangerous weapon (Count 1) (G. L. c. 265, § 15A); three counts of assault and battery...

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