Commonwealth v. Wood

Following a jury-waived trial, the defendant, Allen Wood, was convicted of possession with intent to distribute a class B substance, in violation of G. L. c. 94C, § 32A(a ), and conspiracy to violate the drug laws, in violation of G. L. c. 94C, § 40. On appeal, the defendant claims that trial counsel was ineffective for failing to move for a required finding of not guilty at the close of the Commonwealth's evidence. We affirm.

Background. The evidence, considered in the light most favorable to the Commonwealth, permitted the trial judge to find the following facts. See Commonwealth v. Penn,…