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COMMONWEALTH v. FERNANDEZ

No. SJC-10617.

458 Mass. 137 (2010)

COMMONWEALTH v. CARLOS FERNANDEZ.

Supreme Judicial Court of Massachusetts, Middlesex.

October 4, 2010.

Attorney(s) appearing for the Case

Brownlow M. Speer , Committee for Public Counsel Services, for the defendant.

Robert J. Bender , Assistant District Attorney ( David M. Solet , Assistant District Attorney, with him) for the Commonwealth.

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

CORDY, J.

A jury convicted the defendant, Carlos Fernandez, of possession of cocaine with intent to distribute, G. L. c. 94C, § 32A (c); and for doing so within one hundred feet of a public park, G. L. c. 94C, § 32J.1 At a subsequent jury-waived trial, the defendant's convictions were found to be subsequent offenses. G. L. c. 94C, § 32A (d). We granted the defendant's application for direct appellate review...

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