Commonwealth v. Jarvis

Charged with operating a motor vehicle while under the influence of alcohol (OUI), fourth offense, see G. L. c. 90, § 24(1)(¿<)(1), the defendant was convicted by a District Court jury of the primary offense.1 The defendant waived his right to *539a jury trial regarding the portion of the complaint alleging that this was a fourth offense. Because the trial judge previously had acted on motions of the defendant that implicated the prior convictions,2 the judge allowed the defendant’s motion that he recuse from the subsequent offense portion of the trial. Before transferring that part of the case…