
    Commonwealth vs. Eloise C. Payne.
    January 28, 1983.
   The defendant entered a plea of guilty to two indictments which charged her with distribution and possession with intent to distribute a controlled substance (heroin) in violation of G. L. c. 94C, § 32(a). She was sentenced and appealed. Section 32(a) was held unconstitutionally vague in Com monwealth v. Gagnon, 387 Mass. 567 (1982), and Commonwealth v. Gagnon, 387 Mass. 768 (1982).

Daniel E. Callahan (Anne C. Goldbach with him) for the defendant.

Linda M. Poulos, Assistant District Attorney (Michael J. Traft, Assistant District Attorney, with her) for the Commonwealth.

The judgments are reversed insofar as they charge violations of G. L. c. 94C, § 32(a), and the findings of the judge are set aside insofar as they find the defendant guilty of such violations. The case is remanded to the Superior Court, where the judge is to enter an order dismissing the indictments except as to the lesser included offense of possession of heroin. A finding of guilty of that offense may be entered, and the defendant may be sentenced pursuant to G. L. c. 94C, § 34, which punishes the simple possession of heroin.

So ordered.  