463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases
463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases
463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
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