Commonwealth v. Gonzalez

After separate trials, see G. L. c. 278, § 11 A, the defendant was found guilty by a Superior Court jury of possession of heroin with intent to distribute (G. L. c. 94C, § 32[a]) and of having been convicted of the same offense on one or more prior occasions (G. L. c. 94C, § 32[b\, as appearing in St. 1982, c. 650, § 6). On appeal, the defendant challenges the sufficiency of the indictment on the latter charge and, as to the former charge, certain of the judge’s rulings, portions of the prosecutor’s closing argument, and the judge’s instructions to the jury. Finding no error, we affirm the…