Commonwealth v. EhiabhiAnnotate this Case
Mass. Gen. Laws ch. 94C, 32A(b) and (d) both punish possession with intent to distribute a class B substance, but 32A(b) carries a mandatory minimum sentence of two years while 32A(d) carries a mandatory minimum sentence of three and one-half years. Defendant was charged with and convicted of possession with intent to distribute cocaine, second offense, under section 32A(c) and (d), among other crimes. The judge, however, sentenced Defendant pursuant to section 32A(a) and (b). The Supreme Judicial Court remanded the case to the superior court for resentencing, holding (1) the judge’s decision not to sentence Defendant pursuant to the statutes under which he was properly charged and convicted was error; (2) the trial judge did not err in denying Defendant’s motion to suppress; (3) there was sufficient evidence to support Defendant’s conviction for assault and battery on a police officer; and (4) the jury instructions on self-defense created no substantial risk of a miscarriage of justice.