Commonwealth v. Ramirez
Commonwealth v. Ramirez
Opinion of the Court
The defendant appeals from his conviction of unlawful possession of a class B substance (cocaine) with intent to distribute in violation of G. L. c. 94C, § 32A(a). The sole issue on appeal is whether the trial judge’s denial of his motion for a required finding of not guilty was in error because the Commonwealth failed to prove that the substance he allegedly possessed was in fact cocaine. We affirm.
We summarize the evidence in the light most favorable to the
Donovan then left the bar and relayed what had transpired in the bar to other police officers who were conducting the surveillance of Greg’s Lounge. Those police officers then entered the bar. Upon the police officers’ entry, the defendant was observed kneeling on the floor of the bar with the black box, which was now empty, in front of him. Two of the officers testified that he appeared to be hiding something. The defendant was pat frisked,
The two bags purchased by Donovan from Brito on April 15 and the three bags recovered from Brito at the time of his arrest were indistinguishable in that they all contained a white powdery substance, were all approximately the same weight and were packaged in “the same way.” All five bags tested positive for cocaine and the cocaine and certificates of analysis were entered in evidence.
The defendant argues that this evidence is insufficient to prove that the bags the defendant allegedly possessed contained cocaine, because no substances were recovered from his person or from the persons to whom he allegedly distributed drugs and thus no analysis of those substances was ever performed. Without such an analysis, the defendant claims, no rational trier of fact could conclude that any substance possessed by him was actually cocaine. We disagree.
Based on the evidence presented, we conclude that a rational fact finder could find that the two unrecovered and untested bags of white powder, which the defendant exchanged for money and which Brito gave to the defendant from the black box, were two of the “six other 40’s” that Donovan had observed in the black box when he purchased the “two 40’s” from Brito that came from the black box. A rational fact finder could also infer that the three bags recovered from Brito at the time of his arrest also came from that black box, which lay empty on the floor when the police entered the lounge, because they were indistinguishable in weight, color and packaging from the “two 40’s” purchased that day by Donovan. Because two of the untested bags of white powder distributed by the defendant came from the same container as the five recovered bags of white powder, and appeared to be of the same weight, color and packaging as those five bags, all of which tested positive for cocaine, we conclude that a rational fact finder could infer that the two untested bags also contained cocaine. See Commonwealth v. Shea, 28 Mass. App. Ct. 28, 33-34 (1989)
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.