Commonwealth v. Blevins

The defendant was convicted by a Superior Court jury of assault by means of a dangerous weapon, a handgun, G. L. c. 265, § 15B(Z?); unlawful possession of a firearm, G. L. c. 269, § 10(a); trafficking in more than fourteen (but less than twenty-eight) grams of cocaine, G. L. c. 94C, § 32E(6)(1); and trafficking in cocaine within 1,000 feet of a school zone, G. L. c. 94C, § 32J. On appeal, the defendant contends that the trial judge committed prejudicial error by refusing to instruct the *207jury on the lesser included offense of simple joint possession with respect to the trafficking charges, and…