Commonwealth v. Alvarez
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The Supreme Judicial Court affirmed Defendant’s conviction of possession of cocaine with intent to distribute but reversed Defendant’s conviction of criminal trespass, holding that there was insufficient evidence to support the conviction for criminal trespassing.
Defendant was arrested for selling cocaine in the parking lot of a grocery store. On appeal from his convictions, Defendant challenged his convictions and the denial of his motion to suppress evidence related to his cell phone that was seized during a search incident to his arrest. The Supreme Judicial Court reversed in part, holding (1) a law enforcement officer’s testimony about the content of one of Defendant’s text massages did not constitute impermissible hearsay and was properly admitted; but (2) there was insufficient evidence to support Defendant’s conviction of criminal trespass.
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