Commonwealth v. Whitlock

Following a trial without a jury, the defendant, Donald Whitlock, was convicted on one count of distribution of a controlled substance (subsequent offense), see G. L. c. 94C, § 32A(d), and one count of distribution of a controlled substance in a school zone. See G. L. c. 94C, § 32J. Thereafter, he filed a motion for a new trial, which the trial judge denied. He now appeals from both adverse rulings, raising issues of newly discovered evidence, ineffective assistance of counsel, sufficiency of evidence, and destruction of exculpatory evidence. For the reasons that follow, we affirm both the…