State v. Beeler
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The Supreme Judicial Court affirmed the judgment of conviction of criminal operating under the influence (OUI) with one previous OUI offense and violation of condition of release entered by the trial court after a jury trial but vacated Defendant's sentence, holding that remand was required for resentencing.
On appeal, Defendant argued, among other things, that the trial court abused its discretion by admitting his breath test results and that his right to confrontation was violated by the admission of the breath test certificate. The Supreme Judicial Court disagreed with Defendant's convictions and affirmed the judgment. The Court, however, vacated Defendant's sentence, holding that his sentence did not meet the mandatory minimum requirements for a conviction of criminal OUI with one previous OUI offense.
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