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COMMONWEALTH v. MONTALVO

No. 08-P-1159.

76 Mass. App. Ct. 319 (2010)

COMMONWEALTH v. ANGEL MONTALVO.

Appeals Court of Massachusetts, Hampden.

February 25, 2010.

Attorney(s) appearing for the Case

Patricia Quintilian for the defendant.

Marcia B. Julian, Assistant District Attorney, for the Commonwealth.

Present: KATZMANN, BROWN, & WOLOHOJIAN, JJ.

KATZMANN, J.

After a jury trial in Superior Court, Angel Montalvo (defendant) was convicted of possession of cocaine with intent to distribute, in violation of G. L. c. 94C, § 32A(c) and (d) (second offender), and possession of heroin with intent to distribute, in violation of G. L. c. 94C, § 32A(b) (second offender). He now appeals. While the evidence was sufficient to establish constructive possession of cocaine (but not of heroin...

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