State of Maine v. Collins

• Court: Superior Court of Maine
• Decided: January 26, 2007
• Docket: KENap-05-04
• Status: Unpublished

Opinion

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2: L ) ?-> 7 , OF JAN 2b A 9: 1 5 v. 2 ' - . ,.-,an DECISION L, bd:,;; I .i SCOTT COLLINS,

Defendant

The defendant challenges the sufficiency of the evidence to support h s

adjudication for criminal mischief, class D. In particular, the defendant argues that the

evidence does not show that he consciously disregarded a risk that his conduct would

damage or destroy property. The decision of the District Court is affirmed.

The testimony of Senior Fire Marshall Timothy York and the defendant

established the following. The fire at the Harrison residence was caused by human

element. 2/17/05 Tr. at 9. The defendant entered the residence and found matches

inside. Id.at 25. While on the second floor, he lit three matches to light cigarettes. Id.

at 65. He then lit one match so he could see inside a closet. Id.at 66. He struck the

fourth match, shook it, thought it was out, and threw it down on the floor of the closet.'

Id. at 62-64. He did n o h n g to ensure the match was out. Id. at 66. Mr. York's - investigation of the fire scene was consistent with the defendant's statement about the

match. Id.at 27-28. Mr. York testified that a match struck and thrown on the ground

does not normally self extinguish. Id. at 30. Apart from the matches found on the

second floor of the residence, n o h n g else could have started the fire. Id.at 33.

I With regard to the match lit in the closet, the District Court judge found that the defendant did not "blow out or do anything with that match. It was lit . . . and then he dropped it . . . there's even no attempt to put it out, from his own testimony." 6/30/05 Tr. at 5. The defendant argues that this factual inaccuracy in the District Court judge's findings requires vacating the decision. This error, if any, is harmless. After the defendant left the house, he was concerned that the matches might

have started a fire. Id.at 64,66. He did not r e l r n to check the residence. Id.at 66.

Based on the record, a "trier of fact, acting rationally, could have found every

element of [criminal mischief] beyond a reasonable doubt." State v. Basu, 2005 ME 74, ql

20, 875 A.2d 686, 692; see also State v. Gorman, 648 A.2d 967, 969 (Me. 1994); 17-A

M.R.S.A. $j35(3).

The entry is

The Decision of the District Court is AFFIRMED.

Date: January 26,2007

~ustice,Superior d u r t Date Filed Docket No. .- County

Action

State of Maine vs. SCOTT COUINS Offense Attorney ARSON J. WITCH FLICK 79 W I N STREET WINTHROP, ME 04364

, ( Date of Entr)

RECEIVED CASE FROM AUGUSTA DISTRICT COURT DOCKET NO: !IW-O5-02 TRANSCRIPT ORDER SENT TO ELECTRONIC RECORDING TRANSCRIPT FILED - HEARING DATE 2/17/05 2 VOLUMES BRIEFING SCHEDULE MAILED. APPELLANT'S BRIEF DUE 6/9/06 MOTION TO ENLARGE TIME TO FILE APPELLANT'S BRIEF. GRANTED. BRIEF TO BE FILED BY 6/23/06 APPELLANT'S BRIEF FILED. MOTION FOR ENLARGMENT OF TIME TO FILE BRIEFS. GRANTED.S/MARDEN, J. GIVE UNTIL AUGUST 14 TO FILE BRIEF. APPELLEE'S BRIEF FILED. DECISION FILED