Commonwealth v. Gagnon

After the Commonwealth filed its petition for rehearing, following the court’s opinion reported ante 567 *769(1982), the court invited the defendants to submit a brief or a letter on the sole issue whether the defendants may be re-sentenced under G. L. c. 94C, § 34, which punishes, inter alla, possession of heroin. The court has treated the letters from the district attorney and the Attorney General in support of the petition for rehearing as memoranda of law.

The issue of possession as a lesser included offense within the crime of unlawful manufacture and distribution was not argued originally by…