Commonwealth v. Paige

At a bench trial in the District Court, the defendant was found guilty of (1) possession of marijuana with the intent to distribute same as a second or subsequent offense, G. L. c. 94C, § 32C (b), and (2) possession of drug paraphernalia with the intent to distribute same, G. L. c. 94C, § 321. In addition, the judge determined that both these offenses had occurred within one thousand feet of a school zone, triggering the sentence enhancement provisions of c. 94C, § 32J. At the *841defendant’s request, the judge stayed sentencing and reported the following question to this court:1

“Whether…