Commonwealth v. Reposa
Commonwealth v. Reposa
Opinion of the Court
The defendant, Robert J. Reposa, appeals after his conviction of operating a motor vehicle under the influence of alcohol (OUI), fourth offense, G. L. c. 90, § 24(1)(a )(1). In this appeal, he argues that the Commonwealth failed to present sufficient evidence of three prior OUI offenses. Specifically, he asserts that there was insufficient evidence linking him to a 1985 conviction, and that the 1982 and 1989 convictions were constitutionally infirm and inadmissible. We affirm.
Background. After a jury convicted him of OUI, the defendant thereafter was tried jury-waived on the fourth offense portion of the charge.
Discussion. Sufficiency of proof for the 1985 conviction. In reviewing questions regarding the sufficiency of the evidence, we must discern "whether, 'after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' " Commonwealth v. Penn,
Here, as proof that the defendant had been convicted of OUI in 1985, the Commonwealth introduced a certified copy of a docket sheet from the Cambridge District Court (Cambridge docket sheet). The Cambridge docket sheet reflects that a "Robert Reposa" had been convicted of OUI in that court on April 2, 1985. The defendant asserts that aside from the name on the Cambridge docket sheet being identical to his, there was nothing linking him to that 1985 conviction. We disagree.
The Commonwealth also admitted a certified copy of the defendant's RMV record, which included a driving history.
Admissibility of the 1982 and 1989 convictions. The defendant further contends that the docket sheets pertaining to the 1982 and 1989 OUI convictions were inadmissible because they do not show that he was represented by legal counsel at the time of those convictions. While it is well established that the Commonwealth may use as evidence only prior convictions in which the defendant had counsel or validly waived the right to counsel to prove the existence of a prior conviction, Commonwealth v. McMullin,
When a defendant challenges the admissibility of evidence, he bears the heavy burden of establishing that the judge abused his discretion. See Commonwealth v. Bys,
Here the defendant failed to produce sufficient evidence to rebut the presumption-the defendant did not provide the judge with any affidavits or other testimonial or documentary evidence. We see no abuse of discretion by the judge in admitting and considering those two docket sheets, and in finding that the defendant had been convicted of OUI in 1982 and 1989.
Judgments affirmed.
The jury also convicted the defendant of negligent operation of a motor vehicle, and the defendant admitted to sufficient facts for being found responsible of a marked lanes violation. Although the defendant filed a general notice of appeal, he limits his argument on appeal to the fourth offense portion of the OUI charge.
The defendant stipulated that the name, date of birth, license number, Social Security number, and physical description in the RMV record are his.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.