COMMONWEALTH v. THERRIAULT


401 Mass. 237 (1987)

515 N.E.2d 1198

COMMONWEALTH vs. PATRICK A. THERRIAULT.

Supreme Judicial Court of Massachusetts, Bristol.

December 10, 1987.


Attorney(s) appearing for the Case

Orlando F. deAbreu for the defendant.

Dana A. Curhan, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


NOLAN, J.

The defendant was charged under G.L.c. 90, § 24G (a),1 with homicide by motor vehicle while intoxicated. He filed a motion to dismiss, alleging that the mandatory sentencing provisions of § 24G (a) violate Federal and State provisions against cruel and unusual punishment, violate his rights to due process, and offend the doctrine of separation of powers under...

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