OUI Massachusetts Operating Motor Vehicle Under Influence Intoxicating Liquor First Second Subsequent Offense

OUI Massachusetts Operating Motor Vehicle Under Influence Intoxicating Liquor First Second Subsequent Offense

COMMONWEALTH vs. YOVANI HERNANDEZ.

APPEALS COURT OF MASSACHUSETTS

60 Mass. App. Ct. 416

February 9, 2004, Decided

The defendant now moves to withdraw his guilty plea to the December charges on the ground that he could not plead guilty to OUI as a second offense, because at the time of the conduct in question, he had not previously been convicted. That is, his first "conviction" occurred on January 13, 2002, the date of his guilty plea to the November charges.

Issue:

Whether the trial court properly denied the Motion to withdraw that guilty plea based on the ground that his guilty plea was invalid?

The Court held that "at the time of his guilty plea, he had in fact previously been convicted (four days earlier, on the November charges) is irrelevant. The controlling fact is that at the time of his "commission of the offense," he had not yet been convicted of the earlier charges However, this does not mean the defendant's guilty plea is invalid. In Commonwealth v. Chaplin, 50 Mass. App. Ct. 365, 737 N.E.2d 513 (2000), this court considered the enhanced penalty provision of the statute and noted that it is similar to the enhanced penalty provision found in G. L. c. 94C, 32A(d). In turn, in Bynum v. Commonwealth, 429 Mass. 705, 708, 711 N.E.2d 138 (1999), the Supreme Judicial Court discussed c. 94C, 32A(d), and determined that that statute does not "create an independent crime." That is to say, the subsequent offender provision "does not identify a crime that has a freestanding life of its own . . . . It concerns solely the sentence of a person convicted . . . who has previously been convicted of at least one similar . . . offense. The prior offense is not an element of the crime for which a defendant is charged but concerns the punishment to be imposed if he is convicted [of the substantive crime] and the prior offense is proved." Because the subsequent offense provisions of the statute do not create different crimes, a guilty plea to the unembellished crime of operating under the influence is functionally no different from a guilty plea to OUI as a second or subsequent offense. The elements to which the defendant admits are the same. The subsequent conviction is merely a sentencing enhancement provision, for which independent proof is required. This being the case, the defendant's guilty plea is valid."

The court further held that "the defendant's motion to withdraw his guilty plea should not have been denied in its entirety. Because the guilty plea to OUI as a second offense should not have been accepted, the words "second offense" shall be struck from the defendant's conviction, and the sentence imposed thereon shall be vacated. The defendant must be resentenced for OUI as a first offense. Otherwise, the order denying the defendant's motion to withdraw his guilty plea is affirmed."

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.

POST COMMENT

California 433a and Manufactured Home Engineering Foundation Certifications and HCD Form 513C Can You Take Advantage Of Car Break Down Cover Reviews? Stop Vehicle Repo the fast and simple way OUI Framingham Middlesex Distric Court Massachusetts Operating Motor Vehicle Suspended License Revoked Failure Identify Police Officer An overview of Mercedes Benz what they can offer you Improving Your Credit Scores With A Subprime Car Loan Used Car Price Guide: Choose the Right One Childrens Audio Books --Wonderfully Effective Way to Help Your Child Improve Reading Comprehension Used Car Classified: Important Information Mazatlan Mexico Vacation Of A Lifetime! Rental Cars- A Proper way to maintain the reliability of buying an affordable car Rental Cars- Gives the ability to fly to a destination Mobility Executive Suites – Affordable and Flexible Short Term Office Addresses