State v. Mitchell
State v. Mitchell
Opinion of the Court
[¶ 1] Wayne T. Mitchell appeals from a judgment of conviction entered after a jury verdict of guilty in the Superior Court (Cumberland County, Warren, J.) for the Class D offense of false public alarm or report. See 17-A M.R.S.A. § 509 (1983). Mitchell contends that the trial court erred in denying his motion for acquittal.
I. FACTS
[¶ 2] The facts viewed in the light most favorable to the State are the following: On June 14, 1998, Officer Coons of the Portland Police Department visited Mitchell in response to Mitchell’s call to the police department. Mitchell told Coons that Greg Neptune stole a gun from Mitchell. Mitchell said that Neptune was a friend and a convicted felon. Mitchell also gave Coons a written statement which said that about a month ago Neptune visited Mitchell’s residence; Mitchell’s .25 caliber pistol was on the coffee table; when Neptune left the gun was gone; and Neptune later admitted taking it.
[¶ 3] As a result of Mitchell’s report of the stolen gun, Neptune was arrested and jailed. Detective Holmes of the Portland Police Department took a statement from Mitchell on June 17 in which Mitchell reiterated what he had said to Coons. In addition, Mitchell told Holmes that earlier that day he found the gun in his newspaper delivery receptacle outside his front door.
[¶ 5] Neptune’s ex-wife, sometime in the summer of 1998, saw Mitchell loan a gun to Neptune. After Neptune was arrested, the ex-wife arranged to have the gun returned to Mitchell.
II. THE OFFENSE OF FALSE PUBLIC REPORT
[¶ 6] In reviewing the denial of a motion for an acquittal we consider the evidence in the light most favorable to the State. See State v. Cumming, 634 A.2d 953, 956 (Me. 1993). Jury verdicts are vacated only when no trier of fact, acting rationally, could have found the essential elements of the charged offense beyond a reasonable doubt. See State v. Fox, 494 A.2d 177, 179 (Me. 1985).
[¶ 7] The elements of the offense of false public report are: (1) the defendant knowingly gave false information; (2) to a law enforcement officer; (3) with the intent of inducing the officer to believe that a crime has been committed; and (4) the defendant knew the information was false.
The entry is:
Judgment affirmed.
. Mitchell also appeals his sentence of 60 days in jail, but that appeal is barred by 15 M.R.S.A. § 2151 (Supp. 1999), because his sentence is less than one year in length.
. The relevant portion of 17-A M.R.S.A. § 509 (1983) states:
§ 509. False public alarm or report
1. A person is guilty of false public alarm or report if:
A. He knowingly gives or causes to be given false information to any law enforcement officer with the intent of inducing such officer to believe that a crime has been committed or that another has committed a crime, knowing the information to be false; or
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2. False public alarm is a Class D crime.
Reference
- Full Case Name
- STATE of Maine v. Wayne T. MITCHELL
- Status
- Published