COMMONWEALTH v. ELLIS

No. 10-P-419.

79 Mass. App. Ct. 330 (2011)

COMMONWEALTH v. NORMAN ELLIS.

Appeals Court of Massachusetts, Suffolk.

April 25, 2011.


Attorney(s) appearing for the Case

Anthony Rozzi for the defendant.

Eric Walz ( Amy Martin , Assistant District Attorney, with him) for the Commonwealth.

Present: BERRY, WOLOHOJIAN, & HANLON, JJ.


BERRY, J.

A District Court jury convicted the defendant of operating a motor vehicle while under the influence of alcohol (OUI), and then, in a separate bench trial, a judge found that this was the defendant's fourth OUI offense. G. L. c. 90, § 24(1)(a)(1). On appeal, the defendant challenges the subsequent offense portion of the conviction on the grounds that (1) his confrontation rights, see Melendez-Diaz v. Massachusetts, ...

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