COMMONWEALTH v. PELLETIER


449 Mass. 392 (2007)

COMMONWEALTH v. GREGORY PELLETIER.

Supreme Court of Massachusetts, Suffolk.

June 26, 2007.


Attorney(s) appearing for the Case

Elin H. Graydon, Assistant District Attorney, for the Commonwealth.

Michael A. Manzi for the defendant.

Present: Marshall, C.J., Greaney, Ireland, Spina, & Cowin, JJ.


IRELAND, J.

The defendant, Gregory Pelletier, was charged with operating a motor vehicle while under the influence of intoxicating liquor, third offense, pursuant to G. L. c. 90, § 24 (1) (a) (1). He pleaded guilty to the underlying charge of operating while under the influence, but, as we shall explain, no plea was taken on the subsequent offense portion of the charge and he was sentenced as a first-time offender. The Commonwealth, asserting that it had...

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