Commonwealth v. Fernandes

Delfino M. Fernandes was convicted under a two-count indictment, the first of which, count A, charged him with unlawful distribution of a controlled substance, cocaine (G. L. c. 94C, § 32A[c]). Count B charged a subsequent violation (G. L. c. 94C, § 32A[d]). Although Fernandes has not raised the question, we consider first the sufficiency of the repeat offense indictment because if the indictment is legally deficient, the court is without jurisdiction to try the case. Commonwealth v. Palladino, 358 Mass. 28, 31 (1970). Commonwealth v. Cantres, 405 Mass. 238, 239-240 (1989). A jurisdictional…