Massachusetts Appeals Court May 28, 2009, No. 07-P-135 (Commonwealth v. Whitlock)

McHugh, J.

Following a trial without a jury, the defendant, Donald Whitlock, was convicted on one count of distribution of a controlled substance (subsequent offense), see G. L. c. 94C, § 32A(d), and one count of distribution of a controlled substance in a school zone. See G. L. c. 94C, § 32J. Thereafter, he filed a motion for a new trial, which the trial judge denied.