Opinion
No. 08-P-368.
August 18, 2010.
Decisions Pursuant to Rule 1:28.
The judgment on the first count of the complaint, charging distribution of a class B substance, is reversed, and the verdict is set aside. The judgment on the second count of the complaint, charging a drug violation in a school zone, is vacated, the verdict is set aside, and the complaint as to that charge is to be dismissed. The judgment on the third count of the complaint, charging possession of a class B substance with intent to distribute, is reversed, the verdict is set aside, and the matter is remanded for such proceedings as the Commonwealth may elect to pursue.
This decision pursuant to Rule 1:28 revised an earlier decision pursuant to Rule 1:28. See 74 Mass. App. Ct. 1129 (2009). — REPORTER.