Commonwealth v. Sumner

By Judge Robert P. Doherty, Jr.

The General District Court, sua sponte, after the presentation of all evidence and without the agreement of the parties or the request of either, amended a driving under the influence warrant to reckless driving and convicted the Defendant. Defendant has appealed that decision, claiming that the District Court does not have the authority to amend the warrant to charge an offense that is not a lesser included offense, and thus his conviction of reckless driving is void. He further argues that the decision of the trial court not to convict him of the DUI offense,…