Opinion
10-P-2037
09-26-2011
COMMONWEALTH v. DALE ALLEN.
NOTICE: Decisions issued by the Appeals Court pursuant to its rule 1:28 are primarily addressed to the parties and, therefore, may not fully address the facts of the case or the panel's decisional rationale. Moreover, rule 1:28 decisions are not circulated to the entire court and, therefore, represent only the views of the panel that decided the case. A summary decision pursuant to rule 1:28, issued after February 25, 2008, may be cited for its persuasive value but, because of the limitations noted above, not as binding precedent.
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
This case is controlled in all material respects by Commonwealth v. Sanchez, 74 Mass. App. Ct. 31 (2009). The defendant has not provided a persuasive argument to revisit our ruling in that case.
Judgment affirmed.
By the Court (Berry, Meade & Milkey, JJ.),