Opinion
No. 09-P-154.
April 16, 2010.
Decisions Pursuant to Rule 1:28.
The judgment on the conviction of leaving the scene of an accident after causing property damage is affirmed. On the count of the complaint alleging OUI, third offense, the underlying conviction of OUI is affirmed, but so much of the judgment as finds the defendant guilty of a third offense is vacated; the sentence on the OUI conviction is vacated; and the case is remanded to the District Court for further proceedings consistent with the memorandum and order of the Appeals Court.