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COMMONWEALTH v. JARVIS

No. 06-P-347.

68 Mass. App. Ct. 538 (2007)

COMMONWEALTH v. THOMAS H. JARVIS.

Appeals Court of Massachusetts, Plymouth.

March 30, 2007.

Attorney(s) appearing for the Case

Earl M. Sheppard for the defendant.

Mary E. Lee, Assistant District Attorney, for the Commonwealth.

Present: KANTROWITZ, COWIN, & GRAINGER, JJ.

COWIN, J.

Charged with operating a motor vehicle while under the influence of alcohol (OUI), fourth offense, see G. L. c. 90, § 24(1)(a)(1), the defendant was convicted by a District Court jury of the primary offense.1 The defendant waived his right to a jury trial regarding the portion of the complaint alleging that this was a fourth offense. Because the trial judge previously...

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