COMMONWEALTH v. FEROLA

No. 07-P-805.

72 Mass. App. Ct. 170 (2008)

COMMONWEALTH v. NICOLE FEROLA.

Appeals Court of Massachusetts, Middlesex.

July 2, 2008.


Attorney(s) appearing for the Case

Cathryn A. Neaves for the defendant.

Melissa Weisgold Johnsen, Assistant District Attorney, for the Commonwealth.

Present: GRASSO, TRAINOR, & WOLOHOJIAN, JJ.


GRASSO, J.

A jury found the defendant, Nicole Ferola, guilty of operating a motor vehicle while under the influence of narcotic drugs, in violation of G. L. c. 90, § 24(1)(a)(1). On appeal, the defendant asserts that the Commonwealth presented insufficient evidence to sustain her conviction under the statute. We agree, and we reverse the conviction.1

The crime, which is legislatively created, does not criminalize operation...

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