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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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