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Appeals court hears challenge to Perez heroin conviction over constructive-possession evidence
Summary
At a Massachusetts Appeals Court hearing in Commonwealth v. Perez (2024P385), defense attorney Simara Hernandez asked judges to reverse Wanda Perez’s conviction for possession with intent to distribute, arguing evidence did not show Perez knowingly possessed the heroin. The Commonwealth countered that occupancy indicators and 126 individually packaged bags supported an inference of intent to distribute.
The Massachusetts Appeals Court on Zoom heard oral argument in Commonwealth v. Perez (2024P385), a challenge to a conviction for possession with intent to distribute heroin. Attorney Simara Hernandez, for appellant Wanda Perez, asked the court to reverse, contending the evidence was insufficient to prove Perez knowingly possessed the drugs under a theory of constructive possession.
Hernandez told the panel, “I’m here today requesting that this court reverse my client's conviction for possession with intent to distribute,” arguing the heroin was inside a small brown purse in the front bedroom and was not in plain view. She emphasized that mere presence of identification or bills linked to Perez in the residence does not by itself prove knowledge or dominion…
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