Opinion
11-P-1618
10-09-2014
COMMONWEALTH v. WILLIAM LACEY.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
This is the Commonwealth's appeal from the allowance of the defendant's motion to dismiss a criminal complaint charging the defendant with possession of marijuana with the intent to distribute, in violation of G. L. c. 94C, § 32C(a). This case is controlled by Commonwealth v. Keefner, 461 Mass. 507, 512 (2012), which was not available to the motion judge at the time the motion was decided. In Keefner, the Supreme Judicial Court held that the voters' amendments to G. L. c. 94C, § 34, concerning the crime of possession of marijuana did not make any changes to the crime of possession of marijuana with intent to distribute, even if the amount of marijuana is one ounce or less. Commonwealth v. Keefner, supra at 512, 514. Accordingly, we reverse the allowance of the defendant's motion to dismiss.
Order allowing motion to
dismiss reversed.
By the Court (Cypher, Grasso
& Fecteau, JJ.),
Clerk Entered: October 9, 2014.