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COMMONWEALTH v. SMITH

No. 17-P-1626.

95 Mass. App. Ct. 437 (2019)

COMMONWEALTH v. TYEMIKE SMITH.

Appeals Court of Massachusetts, Worcester.

June 5, 2019.

Attorney(s) appearing for the Case

Darla J. Mondou for the defendant.

Michelle R. King , Assistant District Attorney, for the Commonwealth.

Present: HANLON, AGNES, & SULLIVAN, JJ.

The defendant, Tyemike Smith, appeals from his conviction of operating a motor vehicle under the influence (OUI) of marijuana in violation of G. L. c. 90, § 24 (1) (a) (1), following a jury-waived trial in the District Court. Relying on Commonwealth v. Gerhardt, 477 Mass. 775

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