Commonwealth v. Andrades

Massachusetts Appeals Court

Commonwealth v. Andrades

445 N.E.2d 159, 15 Mass. App. Ct. 930, 1983 Mass. App. LEXIS 1200

CourtMassachusetts Appeals Court

DecidedJanuary 28, 1983

StatusPublished

Cited by1 cases

This text of 445 N.E.2d 159 (Commonwealth v. Andrades) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Andrades, 445 N.E.2d 159, 15 Mass. App. Ct. 930, 1983 Mass. App. LEXIS 1200 (Mass. Ct. App. 1983).

Pincite

Opinion

The defendant was convicted of distributing a controlled substance (heroin) in violation of G. L. c. 94C, § 32 (a), and the trial judge reported the question whether a sentencing judge had the power to suspend the apparent mandatory minimum one year term provided in § 32 (a). That question was resolved by the Supreme Judicial Court in Commonwealth v. Gagnon, 387 Mass. 567 (1982), and in Commonwealth v. Gagnon, 387 Mass. 768 (1982).

The judgment is reversed insofar as the indictment charges violation of G. L. c. 94C, § 32 (a), and the verdict is set aside insofar as it finds the defendant guilty of such violation. The case is remanded to the Superior Court, where a judge is to enter an order dismissing the indictment except as to the lesser included offense of possession of heroin. A verdict of guilty of that offense may be entered, and the defendant may be sentenced pursuant to G. L. c. 94C, § 34, which punishes the simple possession of heroin.

So ordered.

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The defendant was convicted of distributing a controlled substance (heroin) in violation of G. L. c. 94C, § 32 (a), and the trial judge reported the question whether a sentencing judge had the power to suspend the apparent mandatory minimum one year term provided in § 32 (a). That question was resolved by the Supreme Judicial Court in Commonwealth v. Gagnon, 387 Mass. 567 (1982), and in Commonwealth v. Gagnon, 387 Mass. 768 (1982).

The judgment is reversed insofar as the indictment charges violation of G. L. c. 94C, § 32 (a), and the verdict is set aside insofar as it finds the defendant guilty of such violation. The case is remanded to the Superior Court, where a judge is to enter an order dismissing the indictment except as to the lesser included offense of possession of heroin. A verdict of guilty of that offense may be entered, and the defendant may be sentenced pursuant to G. L. c. 94C, § 34, which punishes the simple possession of heroin.

So ordered.

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Bluebook (online)

445 N.E.2d 159, 15 Mass. App. Ct. 930, 1983 Mass. App. LEXIS 1200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-andrades-massappct-1983.

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