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COMMONWEALTH v. DOBBINS

No. 09-P-2088.

79 Mass. App. Ct. 555 (2011)

COMMONWEALTH v. KEVIN T. DOBBINS.

Appeals Court of Massachusetts, Middlesex.

May 23, 2011.

Attorney(s) appearing for the Case

Richard J. Farrell, Jr. , for the defendant.

Fawn D. Balliro Andersen , Assistant District Attorney, for the Commonwealth.

Present: LENK, GREEN, & KATZMANN, JJ.

LENK, J.

On May 23, 2007, a jury convicted the defendant, Kevin T. Dobbins, of resisting arrest, G. L. c. 268, § 32B.1 The defendant appeals from that conviction, arguing that the judge's failure to give either a limiting instruction regarding which of the defendant's actions could constitute resisting arrest, or a unanimity instruction, resulted in a substantial risk of a miscarriage of justice. We affirm.

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