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463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases

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of the <strong>Commonwealth</strong>'s case and were admitted in<br />

evidence along with the drugs. But the trial was<br />

"about" whether the defendant was guilty of possession<br />

with intent to distribute and the most important<br />

evidence was the strong circumstantial evidence of<br />

intent·to distribute. Inside Ronald Mendes's bedroom<br />

was found: (1) a clear plastic bag, that Ronald Mendes<br />

testified contained cocaine, on the bureau; (2) twelve<br />

clear plastic bags containing marijuana in the pocket<br />

of a shirt inside his.closet; (3) $943 in his closet;<br />

(4) $158 on top of a television set; and (4) a cellular<br />

phone. (Tr. 1: 103-104; 106-107, 112-116, 119-125, 127,<br />

128-129, 138.) In the living room 1 two more bags of<br />

marijuana were inside Ronald's jacket. (Tr. 1: 131 1<br />

134; Tr. 2: 247-248.) Inside Raymond's bedroom were:<br />

(1) a plastic bag containing cocaine and two tablets of<br />

ecstasy on top of his dresser; (2) $240 in one dresser<br />

drawer and $500 inside another drawer; (3) a bag of<br />

marijuana 1<br />

$420, and a 100-gram weight associated with<br />

a triple beam scale located inside a black box under<br />

the bed; and (4) a cell phone that rang throughout the<br />

execution of the warrant. (Tr. 1: 125, 134, 138, 139,<br />

140-148, 150-151, 186-187, 190-192, 198; Tr. 2: 36-38 1<br />

42, 53-54.)<br />

38

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