COMMONWEALTH v. LANDRY

No. 08-P-1937.

76 Mass. App. Ct. 1128 (2010)

COMMONWEALTH v. LEE LANDRY.

Appeals Court of Massachusetts.

April 30, 2010.


Decision Pursuant to Rule 1:28.

The judgments on the charges of operating a motor vehicle after license revocation and resisting arrest are affirmed. On the charge of malicious destruction of property over $250, the judgment is vacated. The case is remanded for resentencing on the lesser included offense of malicious destruction of property not exceeding $250, unless the Commonwealth elects to retry the defendant on the greater charge, in which case the verdict shall...

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