Bynum v. Commonwealth

We consider whether a defendant tried, convicted, and sentenced for a drug offense described in G. L. c. 94C, § 32A (c), may properly be subjected at a later date to an enhanced penalty pursuant to G. L. c. 94C, § 32A (d). The petitioner, whom for convenience we shall describe as the defendant, argues that the imposition of a second sentence would violate his rights under the double jeopardy clause of the Constitution of the United States. We agree that imposition of a second sentence would be unlawful but arrive at that conclusion without reaching the double jeopardy question. We, therefore,…