COMMONWEALTH v. JOHNSON

No. 10-P-957.

79 Mass. App. Ct. 903 (2011)

COMMONWEALTH v. JOYCE JOHNSON.

Appeals Court of Massachusetts.

May 17, 2011.


Attorney(s) appearing for the Case

Randi J. Potash for the defendant.

Kenneth E. Steinfield , Assistant District Attorney, for the Commonwealth.


The defendant, Joyce Johnson, was convicted on one count of distribution of a class B substance, second or subsequent offense, in violation of G. L. c. 94C, § 32A(b). On appeal, the defendant contends that her conviction as a subsequent offender was invalid because she did not sign a written waiver of her right to a trial by jury.1 We agree and reverse the defendant's conviction on the subsequent offense portion of the indictment....

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