COMMONWEALTH v. MGARESH

No. 11-P-1218.

83 Mass. App. Ct. 276 (2013)

COMMONWEALTH v. AHAMAD F. MGARESH.

Appeals Court of Massachusetts, Middlesex.

February 12, 2013.


Attorney(s) appearing for the Case

Travis J. Jacobs for the defendant.

Alexandra Grange Watson , Assistant District Attorney, for the Commonwealth.

Present: CYPHER, KATZMANN, & MILKEY, JJ.


CYPHER, J.

A jury convicted the defendant, Ahamad F. Mgaresh, of distribution of cocaine in a school zone in violation of G. L. c. 94C, § 32A, and G. L. c. 94C, § 32J. The defendant appeals the convictions, claiming that the evidence was insufficient to support the convictions and that the judge erred in not instructing the jury on the theory of joint venture. We affirm the convictions because the jury could have found the defendant guilty on either a theory...

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