Commonwealth v. Palacios

The defendant, Carlos A. Palacios, was convicted by a jury of operating a motor vehicle after his license had been suspended for operating a motor vehicle while under the influence of intoxicating liquor. See G. L. c. 90, § 24D. On appeal, he asserts that his conviction should be reversed on multiple grounds, including that (1) the judge, in initial jury instructions, omitted one element of the offense, and shifted the burden of proof to the defendant on another; (2) the judge and the prosecutor referred to the defendant throughout as having been “convicted” of operating under the influence,…