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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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