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COMMONWEALTH v. FLUELLEN

SJC-10429

456 Mass. 517 (2010)

COMMONWEALTH v. JIMMY LEE FLUELLEN, JR.

Supreme Judicial Court of Massachusetts, Plymouth.

April 16, 2010.

Attorney(s) appearing for the Case

Nadell Hill for the defendant.

Robert C. Thompson, Assistant District Attorney, for the Commonwealth.

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

CORDY, J.

The defendant, Jimmy Lee Fluellen, Jr., was tried together with Anthony Green on charges of distributing cocaine, G. L. c. 94C, § 32A (c), and distributing cocaine within a school zone, G. L. c. 94C, § 32J. After the judge instructed the jury on the law of joint venture, they acquitted Green and convicted the defendant of both charges.

The defendant filed a timely appeal, and we granted...

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