Massachusetts Appeals Court
April 8, 2011.
79 Mass. App. Ct. 233
Double Jeopardy, Assistance of counsel, Sufficiency of the Evidence
The jury found the defendant guilty of possession of crack cocaine with intent to distribute, distribution of crack cocaine, and distribution within a school zone. On appeal, the Commonwealth conceded that it was an error to admit the drug certificates into evidence against the defendant. The Commonwealth agreed that the Appeals Court should reverse the defendant’s convictions. However, the defendant argued that there was insufficient evidence at trial to find him guilty and double jeopardy should bar a retrial of the defendant. The defendant also argued that his trial counsel was ineffective in that he failed to file a motion to suppress the crack cocaine that the officer found before the defendant’s arrest. The Appeals Court disagreed with the defendant and found that the Commonwealth could retry the defendant with the evidence presented at trial.
