Posts tagged "1114913"

Commonwealth v. Rose (Lawyers Weekly No. 11-149-13)

NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

13‑P‑347                                        Appeals Court

COMMONWEALTH  vs.  MICHAEL D. ROSE.

No. 13‑P‑347.      December 24, 2013.

Controlled SubstancesConspiracyConstitutional Law, Double jeopardy.  Practice, Criminal, Double jeopardy, Duplicative convictions.

The defendant appeals from an order denying his motion seeking to vacate his conviction on a charge of conspiracy to violate drug laws, entered as part of a plea agreement, based on a claim that it is duplicative of his conviction on a charge of distribution of cocaine.  We affirm the order, as the two charges are neither legally nor, on the recitation of facts supporting the guilty pleas in the present case, factually duplicative. read more

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Posted by Massachusetts Legal Resources - December 24, 2013 at 11:09 pm

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