Commonwealth v. Sanford

Following a bifurcated, jury-waived trial, a Superior Court judge found the defendant guilty of two counts of possession with the intent to distribute heroin, second and subsequent offense. G. L. c. 94C, § 32 (b ).2 The judge acquitted the defendant of two counts of heroin trafficking, G. L. c. 94C, § 32E (c ), and conspiracy to violate the Controlled Substances Act, G. L. c. 94C, § 40. On appeal, the defendant argues that there was insufficient evidence that he constructively possessed heroin, or acted as a joint venturer. We affirm.3

Discussion. Standard of review. When reviewing a…