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COMMONWEALTH v. ROMERO

SJC-11149

464 Mass. 648 (2013)

COMMONWEALTH v. ERIC ROMERO.

Supreme Judicial Court of Massachusetts, Middlesex.

March 15, 2013.

Attorney(s) appearing for the Case

Devon Dietz Hincapie for the defendant.

Ceara C. Mahoney , Assistant District Attorney ( Kevin J. Curtin , Assistant District Attorney, with her) for the Commonwealth.

Brownlow M. Speer , Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

CORDY, J.

The defendant, Eric Romero, was convicted of carrying a firearm without a license in violation of G. L. c. 269, § 10 (a), based on a theory of constructive possession. On appeal, he asserts that the Commonwealth failed to present evidence sufficient to establish as a matter of law that he had (1) knowledge of the firearm's presence in his vehicle, (2) the ability to exercise control over the weapon...

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