Commonwealth v. Miranda

The defendant appeals from his convictions of distribution of heroin, G. L. c. 94C, § 32, and of a second or subsequent offense of possession of heroin with intent to distribute, see G. L. c. 94C, § 32(b). On appeal he claims (1) erroneous amendment of an indictment; (2) erroneous admission of “modus operandi” police expert testimony; and (3) insufficiency of evidence as to joint venture. We reverse the conviction of distribution of heroin and vacate the conviction as to a second or subsequent offense.

1. Procedural setting. On June 28, 2000, a grand jury returned three indictments against the…