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COMMONWEALTH v. DACOSTA

No. 13-P-1249.

85 Mass. App. Ct. 386 (2014)

COMMONWEALTH v. DARCI T. DACOSTA.

Appeals Court of Massachusetts, Worcester.

May 30, 2014.

Attorney(s) appearing for the Case

Jane A. Sullivan, Assistant District Attorney, for the Commonwealth.

Darla J. Mondou for the defendant.

Present: KATZMANN, RUBIN, & CARHART, JJ.

RUBIN, J.

The Commonwealth appeals from a trial court judge's allowance of defendant Darci T. Dacosta's motion for a required finding of not guilty following the defendant's conviction at a jury trial of operating a motor vehicle with a blood alcohol level of .08 percent or greater in violation of G. L. c. 90, § 24(1)(a)(1). See Mass.R.Crim.P. 25(b)(2), as amended, 420 Mass. 1502 (1995) (rule 25[b][2]).

The defendant was arrested after the pickup...

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