Commonwealth v. Montalvo

After a jury trial in Superior Court, Angel Montalvo (defendant) was convicted of possession of cocaine with intent to distribute, in violation of G. L. c. 94C, § 32A(c) and (d) (second offender), and possession of heroin with intent to distribute, in violation of G. L. c. 94C, § 32A(b) (second offender). He now appeals. While the evidence was sufficient to establish constructive possession of cocaine (but not of heroin), it did not support the element of intent to distribute. Moreover, the evidence did not support the defendant’s conviction as a joint venturer.

Background. In January of 2007,…