Massachusetts Supreme Judicial Court October 12, 2007 (Commonwealth v. Cabrera)

Cowin, J.

The defendant, Robert Cabrera, appeals from his conviction in Superior Court of breaking and entering in the nighttime with intent to commit a felony.1 The grounds for his *826appeal are that the Superior Court judge who denied the defendant’s motion to suppress evidence wrongly invoked collateral estoppel; and that the defendant’s conviction violates principles of double jeopardy.