State v. Sudsbury
Annotate this CaseDefendant was found guilty of aggravated trafficking of a schedule W drug, a Class A crime, for selling a single strip of Suboxone to a confidential informant. The trial court sentenced defendant to eight years in prison. Defendant appealed, arguing that the State failed to present evidence that Suboxone is a drug that falls within one of the listed categories of schedule W drugs. The Supreme Judicial Court held that because the State failed to establish that Suboxone was, in fact, a schedule W drug - evidence that is required for purposes of proving the charged Class A crime - the conviction must be vacated. Remanded for the entry of a judgment of acquittal.
Court Description: Corrected May 24, 2016 (Errata sheet)
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