Commonwealth v. Fico

Ireland, CJ.

In December, 2009, a Middlesex County grand jury returned two indictments charging the defendant with trafficking in cocaine, in violation of G. L. c. 94C, § 32E (b) (1), and conspiracy to violate the drug laws, in violation of G. L. c. 94C, § 40.2 On January 29, 2010, the defendant was arraigned, at which time he filed an affidavit of indigency, see G. L. c. 261, § 27B, was appointed counsel, and tendered pleas of not guilty to the charges. Subsequently, during proceedings on a motion to suppress, a Superior Court judge questioned the defendant’s indigency status, took evidence…