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COMMONWEALTH v. FANNING

No. 09-P-1454.

78 Mass. App. Ct. 1109 (2010)

COMMONWEALTH v. DUSTIN FANNING.

Appeals Court of Massachusetts.

November 16, 2010.

Decision Pursuant to Rule 1:28.

The defendant's conviction on the charge of operating under the influence is affirmed. We vacate his conviction on the subsequent offense portion of that charge and remand for a new hearing on that portion of the bifurcated trial and resentencing. The remaining judgments...

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