State v. Jamieson
State v. Jamieson
Opinion of the Court
Bernard Jamieson contends that the judgment entered in the Superior Court (Penob-scot County, Chandler, J.) on a jury verdict finding him guilty of operating a motor vehicle while under the influence of intoxicating liquor (OUI), 29 M.R.S.A. § 1312-B (Pamph. 1993),
On the State’s motion the two charges were joined for trial. Although at the time of trial the State introduced no evidence as to Jamieson’s blood alcohol content at the time of his arrest on the charges, Jamieson does not challenge the sufficiency of the evidence to support the jury’s verdict finding him guilty of the charge of OUI. See State v. Bento, 600 A.2d 1094, 1096 (Me. 1991) (“[A] defendant is guilty of [OUI] if ‘his mental or physical faculties are impaired however slightly,’ i.e., ‘to any extent.’ ” (quoting State v. Longley, 483 A.2d 725, 732 (Me. 1984))). To establish the existence of the license restriction, the State introduced in evidence the notice from the Secretary of State to Jamie-
On the evidence before it, the jury was warranted in accepting Jamieson’s testimony as to the nature of the conduct prohibited by the license restriction. See State v. Reardon, 486 A.2d 112, 117 (Me. 1984) (determination of credibility of witness within province of factfinder). Accordingly, because the jury rationally could have concluded that the State failed to prove beyond a reasonable doubt that the restriction on Jamieson’s license prohibited him from driving a motor vehicle after the consumption of any alcohol, the verdicts are logically reconcilable.
The entry is:
Judgment affirmed.
All concurring.
. Section 1312-B provides in pertinent part:
1. Offense. A person is guilty of a criminal violation under this section if he operates or attempts to operate a motor vehicle:
A. While under the influence of intoxicating liquor or drugs or a combination of liquor and drugs; or
B. While having 0.08% or more by weight of alcohol in his blood.
. Section 530(1)(B) provides in pertinent part:
B. Any person who operates a motor vehicle on any way or parking area ... in violation of any condition or restriction placed on the use of an ... operator's license under the authority of this subchapter is guilty of a Class E crime....
Reference
- Full Case Name
- STATE of Maine v. Bernard JAMIESON
- Status
- Published