Commonwealth v. Didas
Annotate this CaseIn 2011, Defendant was indicted on a charge of violating Mass. Gen. Laws ch. 94C, 32E(b)(2) for trafficking in cocaine with a total weight of 28.14 grams. In 2012, St. 2012, ch. 192 (Crime Bill) was enacted, which amended section 32E(b)(2), along with section 32E(b)(1), to redefine the minimum and maximum trafficking weights. The Crime Bill also reduced the mandatory minimum sentence required for a violation of both section 32(e)(b)(1) and (2). Prior to trial, Defendant filed a motion to apply all the Crime Bill’s amendments to section 32E(b)(1) and (2) to his case. The judge allowed Defendant’s motion. The Supreme Judicial Court affirmed in part and reversed in part, holding that, in accordance with Commonwealth v. Galvin, (1) the Crime Bill’s reduction of the mandatory minimum sentence required for a violation of section 32(b)(2) applies retroactively to Defendant; but (2) the reconfigured drug trafficking weights provided in sections 32E(b)(1) and (2), as amended by the the Crime Bill, do not apply retroactively to Defendant. Remanded.
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