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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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