937 N.E.2d 73
No. 09-P-1454.Appeals Court of Massachusetts.
November 16, 2010.
Decisions 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 are affirmed.
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