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COMMONWEALTH v. HERNANDEZ

No. 03-P-165.

60 Mass. App. Ct. 416 (2004)

COMMONWEALTH v. YOVANI HERNANDEZ.

Appeals Court of Massachusetts, Norfolk.

February 9, 2004.

Attorney(s) appearing for the Case

Jeanne M. Kaiser for the defendant.

Robert C. Cosgrove, Assistant District Attorney, for the Commonwealth.

Present: DOERFER, BROWN, & GREEN, JJ.

BROWN, J.

In September, November, and December, 2001, the defendant was arrested a total of three times for operating a motor vehicle while under the influence of intoxicating liquor (OUI). See G. L. c. 90, § 24(1)(a)(1). The charges arising out of the September arrest were ultimately dismissed. On January 13, 2002, the defendant pleaded guilty to the charges arising out of the November arrest. Four days later, on January 17, the defendant pleaded guilty...

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