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463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases

463 Mass. 353 - Appellee Commonwealth Brief - Mass Cases

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Westbrooks, 79 <strong>Mass</strong>. App. Ct. 417, 423 (2011). See<br />

also <strong>Commonwealth</strong> v. Dawson, 399 <strong>Mass</strong>. 456, 467 (1987).<br />

Ronald Mendes further testified that he purchased<br />

the twelve dime bags, rather than one package from this<br />

"E" person because that was the only amount that "E"<br />

sold. (Tr. 2: 226.) . He testified that the two bags of<br />

marijuana located in the jacket in the living room were<br />

also his .. (Tr. 2: 226-228.) The quality of the bags<br />

of marijuana found by police was similar, he testified,<br />

to what he "smoked every day." (Tr. 2:239.)<br />

Ronald Mendes also offered expert testimony on the<br />

subject of marijuana and cocaine addiction, calling Dr.<br />

Alan Wartenburg, (see Tr. 2: 146-158,) testimony that<br />

tended to corroborate Ronald Mendes's testimony<br />

concerning the composition of the substances that<br />

police found in his bedroom and in his living room as<br />

being cocaine and marijuana.<br />

Based upon this evidence, the certificates of<br />

analysis was "merely cumulative of properly admitted<br />

evidence," Degraca, 447 <strong>Mass</strong>. at 555; Mahdi, 388 <strong>Mass</strong>.<br />

at 696, that established the composition of the<br />

substances found in Ronald Mendes's bedroom and in his<br />

living room as being "cocaine" and "marijuana." The<br />

evidence .that the substances were cocaine and<br />

43

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