Commonwealth v. Murphy

This appeal by the Commonwealth presents the question whether, in the circumstances, the defendant may constitutionally be subjected to enhanced punishment under G. L. c. 90, § 24(1)(a)(1), as appearing in St. 1982, c. 373, § 2, if he is convicted on a pending complaint charg ing him with operating a motor vehicle while under the influence of intoxicating liquor. As amended, effective September 1, 1982 (St. 1982, c. 373, § 20), G. L. c. 90, § 24 (1) (a) (1), material portions of which are quoted in the margin, 1 provides in its second paragraph that “ [i]f the defendant has been previously…