Commonwealth v. Comita

In 1998, a Superior Court jury convicted the defendant of operating a motor vehicle while under the influ*87ence of alcohol.1 After the defendant waived her right to a jury trial on the third and subsequent offense of driving while under the influence, a Superior Court judge found her guilty and sentenced her to from two years to two years and one day at the Massachusetts Correctional Institution at Framingham, which she has served.

The defendant appeals from the trial judge’s denial of her July 6, 2000, motion for a new trial on grounds of ineffective assistance of counsel.2 In her motion, the…