Commonwealth v. Manning

On October 11, 2007, a two-count complaint issued from the District Court charging the defendant in count one with distribution of a class D substance, G. L. c. 94C, § 32C(a), and in count two with distribution of a class D substance while in or on, or within 1,000 feet of a school, G. L. c. 94C, § 32J.1

The defendant filed a suppression motion, but on the date scheduled for a hearing on the motion, the parties submitted a form containing a conditional tender of a guilty plea. See G. L. c. 278, § 18. The parties stated that they could not agree on the disposition of the two counts. The…