COMMONWEALTH v. PEREZ

No. 08-P-1824.

76 Mass. App. Ct. 439 (2010)

COMMONWEALTH v. MARIO M. PEREZ.

Appeals Court of Massachusetts, Plymouth.

March 5, 2010.


Attorney(s) appearing for the Case

David J. Rotondo for the defendant.

Audrey Anderson Kachour, Assistant District Attorney, for the Commonwealth.

Present: CYPHER, SIKORA, & FECTEAU, JJ.


CYPHER, J.

We are asked in this case to apply the ruling in Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009), to determine whether the erroneous admission of drug analysis certificates, in the circumstances, was reversible error. We conclude that it was.

The defendant, Mario M. Perez, was convicted by a Superior Court jury in July, 2004, of trafficking in cocaine between twenty-eight and one hundred grams...

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