Opinion
11-P-346
09-27-2011
COMMONWEALTH v. DEREK TRIMBLE.
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
The defendant was convicted by a Superior Court jury of (1) distribution of cocaine, and (2) a school zone violation. On appeal, his appellate counsel filed a Moffett brief, see Commonwealth v. Moffett, 383 Mass. 201, 208 (1981). He claims that his convictions were unlawful because they resulted from perjury allegedly committed by a witness. The defendant also claims that his trial counsel was ineffective. The Commonwealth submitted a memorandum in lieu of a brief in answer to the issue raised by the defendant in his Moffett brief.
For the reasons stated in the Commonwealth's memorandum, we affirm the judgments entered in the Superior Court.
Judgments affirmed.
By the Court (Mills, Smith & Wolohojian, JJ.),