Commonwealth v. Spano

The defendant, Robert F. Spano, was convicted after a jury-waived trial of trafficking in cocaine, G. L. c. 94C, § 32E (b) (1990 ed.), possession of cocaine with intent to distribute while within 1,000 feet of a school, G. L. c. 94C, § 32J (1990 ed.), and possession of cocaine with intent to distribute, G. L. c. 94C, § 32A (c) (1990 ed.). -The defendant appeals from these convictions, arguing that the judge erred in denying his motion for a required finding of not guilty, based on a claim that G. L. c. 94C, § 32J, which mandates a prison term for drug offenses committed within 1,000 feet of…