Commonwealth v. Zwickert

The defendant was tried and found guilty by a jury on an indictment charging him with possession of cocaine with intent to distribute (“cocaine distribution conviction”). He was next tried jury-waived on an indictment charging that the cocaine distribution conviction was his second conviction under G. L. c. 94C, § 32A. The judge found him guilty (“repeat offender conviction”). The principal issue *365on appeal arose on sentencing. The district attorney argued that the cocaine distribution conviction was under § 32A(c), with the consequence that the defendant faced a mandatory minimum term of five…