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463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases

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He acknowledged "the cocaine that was in that room<br />

[i.e., the living room] [was his] as well."<br />

247-248.)<br />

(Tr. 2:<br />

Ronald Mendes further testified concerning the<br />

effects of "marijuana" and the effects of "coke" and<br />

testified that he liked marijuana "better than coke."<br />

(Tr. 2: 239.) However, he testified that he could<br />

obtain a different "high" than what he got from smoking<br />

plain marijuana when he would sprinkle "cocaine a<br />

little bit on the weed" and that he would receive from<br />

the combination of marijuana and cocaine "more than a<br />

regular high." (Tr. 2:246.) See <strong>Commonwealth</strong> v.<br />

Cantres, 405 <strong>Mass</strong>. 238, 246, 247 (1989) ("It is enough<br />

that the witness have familiarity based on prior use or<br />

sale"... [for] 'identification based on past use coupled<br />

with present observation of the substance at hand will<br />

suffice to establish the illicit nature of a suspected<br />

substance.'"), quoting from United States v. Harrell,<br />

737 F.2d 971, 987-979 (11th Cir. 1984), cert. denied,<br />

469 U.S. 1164 (1985); <strong>Commonwealth</strong> v. Villatoro, 76<br />

<strong>Mass</strong>. App. Ct. 645, 652-654 (2010) (defendant's history<br />

of marijuana use, allowed inference that he could<br />

identify marijuana), cited in <strong>Commonwealth</strong> v.<br />

42

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