Commonwealth v. Saulnier

After a jury-waived trial in the District Court, the defendant was convicted of operating a motor vehicle while *604under the influence of intoxicating liquor, fourth offense.1 On appeal, he argues that the trial judge permitted a police officer to give improper opinion testimony on the ultimate issue, and that his conviction should be vacated because he did not waive his right to a jury trial on the subsequent offense portion of the trial. For the reasons that follow, we affirm.

Background. The judge heard the following facts. On August 23, 2010, at approximately 7 p.m., the defendant was…