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Appeals court considers whether prior convictions allowed use of propensity evidence in fentanyl case
Summary
The panel heard argument over sufficiency of evidence for intent to distribute where 4 grams of fentanyl were found in a bedroom but much related drug evidence was in an inaccessible room; attorneys disputed whether two earlier drug convictions should have been admitted to prove intent.
The Appeals Court on Feb. 6 heard argument in Commonwealth v. Julius Clemente, raising two core issues: whether evidence proved the defendant’s specific intent to distribute fentanyl found in his bedroom, and whether two prior convictions were wrongly admitted and prejudiced the jury.
Defense counsel Caroline Howe told the panel that four grams of fentanyl found in a bedroom labeled as Clemente’s could be consistent with personal use: the Commonwealth’s expert testified the amount could be consumed in hours or days and that the baggie was not packaged for resale. Howe emphasized that much of the indicia of distribution (digital scales, sandwich baggies, a ledger) were…
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