Opinion
No. 11–P–1717.
2012-10-1
COMMONWEALTH v. Geuri LUGO.
By the Court (CYPHER, BERRY & AGNES, JJ.).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
On June 25, 2006, the defendant's various convictions for trafficking of controlled substances became final. On February 1, 2011, the defendant filed a motion for a new trial, raising a claim under Melendez–Diaz v. Massachusetts, 597 U.S. 305 (2009) ( Melendez–Diaz I ). While the defendant's motion was pending, the Supreme Judicial Court held that Melendez–Diaz I did not retroactively apply to convictions that were finalized before June 25, 2009, the date Melendez–Diaz I was issued. Commonwealth v. Melendez–Diaz, 460 Mass. 238, 246 (2011) ( Melendez–Diaz II ).
In light of Melendez–Diaz II, the trial judge denied the defendant's motion for a new trial. This ruling was correct.
Order denying motion for new trial affirmed.