STATE OF MAINE
Cumberland, ss UNIFIED CRIMINAL DOCKET COURT Location: Portland Docket No. CR-08-472 I ,
v. ORDER ON DEFENDANT'S MOTION TO CORRECT Misty Hanlon SENTENCE
In this matter, the defendant was indicted for operating after revocation (Class C), in violation of 29-A M.R.S. § 2557-A(1)(2)(D)(1) 1 • She was convicted after a jury trial. At trial, the defendant jury-waived the issue regarding whether she had suffered previous convictions for operating after revocation (the element alleged in the Indictment that provided for the prohibited conduct to be classified as a Class C felony rather than a Class D misdemeanor). The parties stipulated that the defendant had suffered the prior convictions specifically referenced as numbers 2-6 in the Indictment, and the court found that the defendant had committed those offenses. The defendant was sentenced to 3 years in the custody of the Department of Corrections and a $1,000.00 fine. The defendant filed a Notice of Appeal but did not file a brief when it was due. She moved to dismiss her appeal. Her motion was granted and her appeal was dismissed. The defendant then filed her Motion to Correct Sentence. In her Motion to Correct Sentence, the defendant asserts that none of her convictions referenced in numbers 2-6 of the Indictment qualify as prior convictions under the applicable portion of subsection 2 of 29-A M.R.S. § 2557-A that mandates her crime as a class C felony. A person who engages in the conduct that constitutes the crime of operating after revocation (defined in subsection 1), and who has not previously been convicted of certain specific crimes in the motor vehicle code, commits a Class D crime. Subsection (2) (A) (1) provides that a person is guilty of a Class D crime if the person engages in the conduct that constitutes the crime (defined in subsection 1), and "The person has not been convicted for operating after revocation under this section or under former Title 29, section 2298 within the
1 Subsection 1 of29-A M.R.S. § 2557-A defines the conduct that constitutes the t¥iM~ 8£T 16 '09 operating a motor vehicle after having been declared an habitual offender. Subsection 2 of29-A M.R.S. § 2557-A details the penalties that apply for a violation of subsection 1. Those penalties (the designated class of the crime as well as any minimum mandatory sentence) are determined by the prior motor vehicle record of a person convicted of violating subsection 1. previous 10 years." Based upon the charge in the Indictment, the penalty provision of§ 2557-A applicable to the defendant is found in subsection (2) (D) (1). That subsection provides that a person is guilty of a Class C crime if the person engages in the conduct that constitutes the crime (defined in subsection 1), and "The person has 3 or more convictions for operating after revocation under this section or under former Title 29, section 2298 within the previous 10 years." In the context of this case, it is important to briefly note the codification history of the operating after revocation statute. From 1979 to 1993, the statute was located at 29 M.R.S.A. § 2298. From 1993 to 1995, it was located at 29-A M.R.S.A. § 2557. From 1995 to present, it is found at 29-A M.R.S. § 2557-A. Throughout the last thirty years, the legislature has amended the operating after revocation statute many times. At times, it has increased the severity of, and penalties for the offense. At other times, it has done just the opposite. A literal reading of the penalties provision of the statute that the defendant was charged under, subsection (2) (D) (1), does not include prior convictions for 29-A M.R.S.A. § 2557, the operating after revocation statute in effect from 1993 to 1995. Subsection (2) (D) (1) only includes prior convictions for the operating after revocation statute under 29 M.R.S.A. § 2298 (the statute in effect from 1979 to 1993), and under 29-A M.R.S. § 2557-A (the current statute that has been in effect since 1995)? All of the defendant's prior convictions proven at trial (numbers 2-6 in the Indictment) are convictions under 29-A M.R.S.A. § 2557, the statute in effect from 1993 to 1995. "It is a well recognized principle of statutory construction that penal statutes are to be construed strictly and that a criminal offense cannot be created by inference or implication, nor can the effect of a penal statute be extended beyond the plain meaning of the language used." State v. Ashby, 743 A. 2d 1254, 1257 (Me. 1999), quoting Davis v. State, 306 A. 2d 127, 129 (Me. 1973). Our Law Court in Kimball v. LURC, expressly discussed the purposes to be effectuated by application of the rules of statutory construction.
First, the court should give meaning to the language chosen by the Legislature to the greatest extent possible. Second, the court has no role in attempting to divine legislative intent where the words chosen by the Legislature are clear and unambiguous. And finally, only when the words are susceptible of multiple meanings, or render the enactment an absurdity or nullity, should the court explore indicia of legislative intent. Kimball v. LURC, 745 A.2d 387,392 (Me. 2000).
2 In fact, all four of the separate portions of subsection 2 only include prior convictions for § 2298 and§ 2557-A, not for§ 2557. In the instant case, the words chosen by the legislature in§ 2557-A, subsection 2 are clear and unambiguous. The words are not susceptible of multiple meanings. They do not render application of the statute a nullity or an absurdity. The language chosen by the legislature does seem to provide for curious results, because convictions for operating after revocation when the applicable conduct occurred between 1993 and 1995 do not count to enhance the penalties for current conduct while all other convictions for operating after revocation do count.
The omission of§ 2557 from the penalties subsection of§ 2557-A is all the more curious in light of the fact that the Legislature saw fit to specifically include § 2557 in other similar contexts in both the Motor Vehicle and Criminal Codes. In one notable example, the Aggravated Operating after Revocation statute, the Legislature specifically includes "former section 2557," as well as current section 2557-A as eligible prior convictions to enhance penalties. 29-A M.R.S. § 2558 (2). Other examples can be found in 29-A M.R.S. § 2431 (4) (statements by an accused to prove operation without further proof of corpus delicti), 29-A M.R.S. § 1357 (2) (A) (5) (qualification to provide advanced driver education) and 17-A M.R.S. § 1349 (1) (eligibility for a sentence that includes administrative release). Perhaps the omission of § 2557 from subsection 2 of the current operating after revocation statute is an oversight. If so, the Legislature can easily rectify that. However, in the context of the instant case, and with application of the rules of statutory construction, the court agrees with the assertion set forth in Defendant's Motion to Correct Sentence that none of her previous convictions proven at trial operate to enhance the classification of her crime to the felony level.
IT IS ORDERED:
Defendant's Motion to Correct Sentence is GRANTED. The Clerk is requested to schedule this matter for resentencing at the earliest convenient time.
Date: Jeff Moskowitz, Judge STATE OF MAINE SUPERIOR COURT vs CUMBERLAND, ss. MISTY M HANLON Docket No PORSC-CR-2008-00472 5E LANCASTER ST PORTLAND ME 04101 DOCKET RECORD
DOB: 12/25/1981 Attorney: VANESSA BARTLETT State's Attorney: STEPHANIE ANDERSON VANESSA BARTLETT, ATTY AT LAW 173 PARK ROW PO BOX 886 BRUNSWICK ME 04011-0886 APPOINTED 05/19/2009
Charge(s)
1 OPERATE AFTER HABITUAL OFFENDER REVOCATION 02/24/2008 PORTLAND 3 PRIOR Seq 11244 29-A 2557-A(2) (D) Class C
Docket Events:
02/25/2008 FILING DOCUMENT - CASH BAIL BOND FILED ON 02/24/2008
02/25/2008 Charge{s): 1 HEARING - INITIAL APPEARANCE SCHEDULED FOR 03/25/2008 @ 1:00 in Room No. 7
NOTICE TO PARTIES/COUNSEL 02/25/2008 BAIL BOND - $200.00 CASH BAIL BOND FILED ON 02/25/2008
Bail Receipt Type: CR Bail Amt: $200 Receipt Type: CK Date Bailed: 02/24/2008 Prvdr Name: MELISSA M YARGEALI Rtrn Name: MELISSA M YARGEALI 3RD PARTY WITH COND.BO BAIL DISBURSEMENT ON 04/15/2008 Check No. 14989 Check Amount: 200.00 Paid To: MELISSA M YARGEAU FORWARDED TO BAIL PROVIDER
02/28/2008 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 02/27/2008
03/03/2008 Charge (s) : 1 SUPPLEMENTAL FILING - COMPLAINT FILED ON 02/29/2008
RS 03/04/2008 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 03/03/2008 THOMAS D WARREN , JUSTICE COPY TO PARTIES/COUNSEL 03/04/2008 Party(s): MISTY M HANLON ATTORNEY - APPOINTED ORDERED ON 03/03/2008
Attorney: FRAYLA SCHOENFELD Page 1 of 11 Printed on: 10/20/2009 MISTY M HANLON PORSC-CR-2008-00472 DOCKET RECORD 03/26/2008 Charge(s): 1 HEARING - INITIAL APPEARANCE CONTINUED ON 03/25/2008 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE 03/26/2008 Charge(s): 1 HEARING - INITIAL APPEARANCE SCHEDULED FOR 04/15/2008 @ 1:00 in Room No. 7
NOTICE TO PARTIES/COUNSEL RS 03/26/2008 Charge(s): 1 HEARING - INITIAL APPEARANCE NOTICE SENT ON 03/25/2008
04/15/2008 BAIL BOND - CASH BAIL BOND BAIL RELEASED ON 04/15/2008
Date Bailed: 02/24/2008 3RD PARTY WITH COND.BO BAIL DISBURSEMENT ON 04/15/2008 Check No. 14989 Check Amount: 200.00 Paid To: MELISSA M YARGEAU FORWARDED TO BAIL PROVIDER
04/15/2008 BAIL BOND - CASH BAIL BOND RELEASE ACKNOWLEDGED ON 04/15/2008
Date Bailed: 02/24/2008 3RD PARTY WITH COND.BO BAIL DISBURSEMENT ON 04/15/2008 Check No. 14989 Check Amount: 200.00 Paid To: MELISSA M YARGEAU FORWARDED TO BAIL PROVIDER
04/15/2008 BAIL BOND - PR BAIL BOND FILED ON 04/15/2008
Date Bailed: 04/15/2008 SEE CONDITIONS; DE 04/15/2008 BAIL BOND - CASH BAIL BOND DISBURSEMENT ON 04/15/2008
Date Bailed: 02/24/2008 3RD PARTY WITH COND.BO BAIL DISBURSEMENT ON 04/15/2008 Check No. 14989 Check Amount: 200.00 Paid To: MELISSA M YARGEAU FORWARDED TO BAIL PROVIDER
04/18/2008 Charge(s): 1 HEARING - INITIAL APPEARANCE HELD ON 04/15/2008 NANCY MILLS , JUSTICE Attorney: FRAYLA SCHOENFELD DA: MATTHEW TICE Defendant Present in Court
NEW BAIL SET. RS 04/18/2008 Charge(s): 1 HEARING - STATUS CONFERENCE SCHEDULED FOR 05/27/2008 @ 1:00 in Room No. 7
RS Page 2 of 11 Printed on: 10/20/2009 MISTY M HANLON PORSC-CR-2008-00472 DOCKET RECORD 04/18/2008 BAIL BOND - PR BAIL BOND SET BY COURT ON 04/15/2008 NANCY MILLS , JUSTICE WITH CONDITIONS. RS 05/14/2008 Charge (s) : 1 SUPPLEMENTAL FILING - INDICTMENT FILED ON 05/09/2008
05/14/2008 Charge(s): 1 HEARING - ARRAIGNMENT SCHEDULED FOR 05/27/2008 @ 1:00 in Room No. 7
05/14/2008 Charge (s): 1 HEARING - ARRAIGNMENT NOTICE SENT ON 05/13/2008 STEPHANIE TARANTINO ASSISTANT CLERK ' 05/23/2008 Charge (s): 1 HEARING - STATUS CONFERENCE NOT HELD ON 05/09/2008
DEFENDNT INDICTED. 05/28/2008 Charge (s): 1 HEARING - ARRAIGNMENT HELD ON 05/27/2008 WILLIAM BRODRICK , JUSTICE Attorney: FRAYLA SCHOENFELD DA: DEBORAH CHMIELEWSKI Defendant Present in Court
READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS. SAME BAIL CONTINUED. TAPE #2943. RS 05/28/2008 Charge(s): 1 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 05/27/2008
05/28/2008 BAIL BOND - PR BAIL BOND CONTINUED AS POSTED ON 05/27/2008 WILLIAM BRODRICK , JUSTICE WITH CONDITIONS. RS 05/28/2008 TRIAL - DOCKET CALL SCHEDULED FOR 08/08/2008 @ 8:30 in Room No. 11
RS 07/18/2008 TRIAL - DOCKET CALL NOTICE SENT ON 07/18/2008
JH 08/08/2008 TRIAL - DOCKET CALL HELD ON 08/08/2008 PENNY MOORE , ASSISTANT CLERK-E Reporter: KATHLEEN CASEY JH 08/08/2008 Charge(s): 1 TRIAL - JURY TRIAL SCHEDULED FOR 09/22/2008 @ 8:30 in Room No. 11
NOTICE TO PARTIES/COUNSEL 08/08/2008 Charge(s): 1 TRIAL - JURY TRIAL NOTICE SENT ON 08/08/2008
JH 09/25/2008 Charge(s): 1 TRIAL - JURY TRIAL NOT HELD ON 09/22/2008
Page 3 of 11 Printed on: 10/20/2009 MISTY M HANLON PORSC-CR-2008-00472 DOCKET RECORD TSK 09/25/2008 TRIAL - JURY TRIAL SCHEDULED FOR 10/06/2008 @ 8:30 in Room No. 11
NOTICE TO PARTIES/COUNSEL TSK 09/25/2008 TRIAL - JURY TRIAL NOTICE SENT ON 09/25/2008
09/25/2008 MOTION - MOTION IN LIMINE FILED BY DEFENDANT ON 09/22/2008
11/05/2008 HEARING DISPOSITIONAL CONFERENCE SCHEDULED FOR 01/14/2009@ 8:30 in Room No. 7
MRP 11/05/2008 HEARING - DISPOSITIONAL CONFERENCE NOTICE SENT ON 11/05/2008
11/05/2008 TRIAL - JURY TRIAL SCHEDULED FOR 02/02/2009@ 8:30 in Room No. 11
NOTICE TO PARTIES/COUNSEL
MRP 11/07/2008 TRIAL - JURY TRIAL FTA ON 10/06/2008 ROLAND A COLE , JUSTICE Reporter: DIANE MCMANUS TSK 11/07/2008 WARRANT - FOR FAILURE TO APPEAR ORDERED ON 10/06/2008 ROLAND A COLE , JUSTICE TSK 11/07/2008 BAIL BOND- $1,000.00 CASH BAIL BOND SET BY COURT ON 10/06/2008 ROLAND A COLE , JUSTICE NO 3RD PARTY TSK 11/07/2008 WARRANT - FOR FAILURE TO APPEAR ISSUED ON 11/07/2008
CERTIFIED COPY TO WARRANT REPOSITORY 12/18/2008 WARRANT - FOR FAILURE TO APPEAR EXECUTED ON 12/14/2008 @ 11:19
Officer: RAYMOND RUBY 12/18/2008 WARRANT - FOR FAILURE TO APPEAR RETURNED ON 12/15/2008 BETH ALWARD , ASSISTANT CLERK 12/19/2008 MOTION - MOTION TO AMEND BAIL FILED BY DEFENDANT ON 12/19/2008
EXPEDITED MOTION TO AMEND BAIL. #636 12/19/2008 HEARING - MOTION TO AMEND BAIL SCHEDULED FOR 12/23/2008 @ 8:30 in Room No. 7
NOTICE TO PARTIES/COUNSEL EXPEDITED MOTION. #636 12/19/2008 HEARING - MOTION TO AMEND BAIL NOTICE SENT ON 12/19/2008 LISA MAHAN , ASSOCIATE CLERK 12/23/2008 HEARING - MOTION TO AMEND BAIL NOT HELD ON 12/23/2008
MOTION W/DRAWN TSK 12/23/2008 MOTION - MOTION TO AMEND BAIL WITHDRAWN ON 12/23/2008
TSK 12/26/2008 Charge(s): 1 HEARING - ARRAIGNMENT SCHEDULED FOR 01/05/2009@ 8:30 in Room No. 1 Page 4 of 11 Printed on: 10/20/2009 MISTY M HANLON PORSC-CR-2008-00472 DOCKET RECORD
NOTICE TO PARTIES/COUNSEL 12/26/2008 BAIL BOND- $1,000.00 CASH BAIL BOND FILED ON 12/22/2008
Bail Receipt Type: CR Bail Amt: $1,000 Receipt Type: CK Date Bailed: 12/18/2008 Prvdr Name: MISTY M HANLON Rtrn Name: #636 01/05/2009 Charge(s): 1 HEARING - ARRAIGNMENT NOT HELD ON 01/05/2009 PAUL E EGGERT , JUDGE DISTRICT COURT TAPE 1190 01/12/2009 HEARING - DISPOSITIONAL CONFERENCE SCHEDULED FOR 01/14/2009 in Room No. 7
01/16/2009 HEARING - DISPOSITIONAL CONFERENCE HELD ON 01/14/2009 JEFF MOSKOWITZ , JUDGE SET FOR TRIAL 01/16/2009 TRIAL - JURY TRIAL NOTICE SENT ON 01/16/2009
01/27/2009 TRIAL - JURY TRIAL HELD ON 01/14/2009 JEFF MOSKOWITZ , JUDGE 01/30/2009 HEARING - DISPOSITIONAL CONFERENCE HELD ON 01/30/2009
01/30/2009 TRIAL- JURY TRIAL SCHEDULED FOR 02/02/2009@ 8:30 in Room No. 11
NOTICE TO PARTIES/COUNSEL 02/03/2009 OTHER FILING - WITNESS LIST FILED BY STATE ON 02/02/2009
DA: MEGIN ELAM JH 02/03/2009 OTHER FILING - WITNESS LIST FILED BY DEFENDANT ON 02/02/2009
Attorney: FRAYLA SCHOENFELD JH 02/03/2009 JURY FILING - PROPOSED JURY INSTRUCTIONS FILED BY DEFENDANT ON 02/02/2009
Attorney: FRAYLA SCHOENFELD 02/03/2009 JURY FILING - PROPOSED VOIR DIRE FILED BY DEFENDANT ON 02/02/2009
02/03/2009 MOTION - MOTION IN LIMINE FILED BY DEFENDANT ON 02/02/2009
Attorney: FRAYLA SCHOENFELD 02/04/2009 Charge(s): 1 TRIAL - JURY TRIAL SELECTED ON 02/02/2009 JEFF MOSKOWITZ , JUDGE Attorney: FRAYLA SCHOENFELD DA: MEGIN ELAM Reporter: TAMMY DROUIN Defendant Present in Court
CASE CONTINUED TO 2/3/09 AT 9:00 A.M. JH 02/04/2009 Charge(s): 1 Page 5 of 11 Printed on: 10/20/2009 MISTY M HANLON PORSC-CR-2008-00472 DOCKET RECORD TRIAL - JURY TRIAL HELD ON 02/03/2009 JEFF MOSKOWITZ , JUDGE Attorney: FRAYLA SCHOENFELD DA: MEGIN ELAM Reporter: KIMBERLY MCCULLOCH Defendant Present in Court
JURY SWORN. INDICTMENT READ. TRIAL BEGINS. OPENING STATEMENTS MADE. STATE'S WITNESSES: 1) ANDJIEKO NAPIJALO, 2) ALEKSANDAR SIMAIC. DEFENDANT MOVES FOR JUDGMENT OF ACQUITTAL: DENIED. DEFENDANT'S WITNESSES: 1) MELISSA YARGEAU. CLOSING ARGUMENTS HAD. JURY INSTRUCTED AND CHARGED. JURY RETIRES TO DELIBERATE. VERDICT. 02/04/2009 Charge ( s) : 1 VERDICT - GUILTY RETURNED ON 02/03/2009 ® 4:20 in Room No. 11
02/04/2009 Charge (s): 1 FINDING - GUILTY ENTERED BY COURT ON 02/03/2009 JEFF MOSKOWITZ JUDGE ' 02/04/2009 Charge (s) : 1 FINDING - GUILTY CONT FOR SENTENCING ON 02/03/2009
02/04/2009 BAIL BOND - NO BAIL ALLOWED SET BY COURT ON 02/03/2009
02/04/2009 HEARING - SENTENCE HEARING SCHEDULED FOR 02/23/2009 @ 9:00 in Room No. 8 JEFF MOSKOWITZ , JUDGE NOTICE TO PARTIES/COUNSEL 02/04/2009 HEARING - SENTENCE HEARING NOTICE SENT ON 02/04/2009
JH 02/11/2009 Charge(s): 1 MOTION - MOTION FOR NEW TRIAL FILED BY DEFENDANT ON 02/10/2009
PRO-SE MOTION. JH 02/11/2009 Charge (s) : 1 APPEAL - NOTICE OF APPEAL FILED ON 02/10/2009
02/11/2009 Charge (s) : 1 APPEAL - NOTICE OF APPEAL SENT TO REPORTER/ER ON 02/11/2009
KIMBERLY MCCULLOCH, COURT REPORTER. JH 02/11/2009 Charge(s): 1 APPEAL - NOTICE OF APPEAL SENT TO LAW COURT ON 02/11/2009
JH 02/11/2009 NOTE - OTHER CASE NOTE ENTERED ON 02/11/2009
LAW COURT NOTIFIED THAT CASE TO BE SENTENCED ON 2/23/09. JH 02/11/2009 Charge(s): 1 NOTE - OTHER CASE NOTE ENTERED ON 02/10/2009
ORIGINAL FILE SENT TO JUDGE MOSKOWITZ. JH 02/11/2009 Charge(s): 1 MOTION - MOTION FOR NEW TRIAL DENIED ON 02/11/2009 JEFF MOSKOWITZ , JUDGE COPIES TO PARTIES/COUNSEL JH Page 6 of 11 Printed on: 10/20/2009 MISTY M HANLON PORSC-CR-2008-00472 DOCKET RECORD 03/05/2009 HEARING- SENTENCE HEARING SCHEDULED FOR 04/13/2009@ 8:30 in Room No. 7 JEFF MOSKOWITZ , JUDGE NOTICE TO PARTIES/COUNSEL 03/05/2009 HEARING - SENTENCE HEARING NOTICE SENT ON 03/05/2009
ST 03/09/2009 BAIL BOND - CASH BAIL BOND BAIL RELEASED ON 03/09/2009
Date Bailed: 12/18/2008 #636 03/09/2009 BAIL BOND - PR BAIL BOND BAIL RELEASED ON 03/09/2009
Date Bailed: 04/15/2008 SEE CONDITIONS; DE 03/09/2009 BAIL BOND - CASH BAIL BOND RELEASE ACKNOWLEDGED ON 03/09/2009
Date Bailed: 12/18/2008 #636 03/09/2009 BAIL BOND - PR BAIL BOND RELEASE ACKNOWLEDGED ON 03/09/2009
Date Bailed: 04/15/2008 SEE CONDITIONS; DE 03/12/2009 HEARING - SENTENCE HEARING NOT HELD ON 03/12/2009
03/12/2009 HEARING - SENTENCE HEARING SCHEDULED FOR 03/18/2009@ 3:00 in Room No. 8 JEFF MOSKOWITZ , JUDGE 03/12/2009 HEARING - SENTENCE HEARING NOT HELD ON 03/12/2009
03/12/2009 Charge(s): 1 TRIAL - JURY TRIAL HELD ON 02/02/2009
03/12/2009 HEARING - SENTENCE HEARING NOTICE SENT ON 03/12/2009
03/18/2009 BAIL BOND - PR BAIL BOND BAIL RELEASED ON 03/18/2009
03/23/2009 HEARING - SENTENCE HEARING HELD ON 03/18/2009 JEFF MOSKOWITZ , JUDGE Attorney: FRAYLA SCHOENFELD DA: MEGIN ELAM Defendant Present in Court
TAPE #3139/INDEX #1001 JH 03/23/2009 Charge (s): 1 RULING - ORIGINAL ORDERED ON 03/18/2009
It is adjudged that the defendant is guilty of 1 OPERATE AFTER HABITUAL OFFENDER REVOCATION 3 PRIOR 29-A 2557-A(2) (D) Class Cas charged and convicted.
The defendant is sentenced to the DEPARTMENT OF CORRECTIONS for a term of 3 year(s).
Charge #1: It is ordered that the defendant forfeit and pay the sum of $ 1,000.00 as a fine to the clerk of the court, plus applicable surcharges and assessments.
Page 7 of 11 Printed on: 10/20/2009 MISTY M HANLON PORSC-CR-2008-00472 DOCKET RECORD 10% GOV'T OPERATION SURCHARGE FUND $ 100.00 $ 25 VICTIMS COMPENSATION FUND 100% GENERAL FUND$ 1000.00 1% COUNTY JAIL$ 10.00 5% GENERAL FUND ADDL 5% SURCHARGE $ 50.00 3% MAINE CRIMINAL JUSTICE ACADEMY 2006 $ 30.00 1% MSP COMPUTER CRIMES $ 10.00 TOTAL DUE:$ 1,225.00.
03/23/2009 Charge(s): 1 RULING - ORIGINAL ISSUED ON 03/18/2009
DEFENDANT ACKNOWLEDGES RECEIPT 03/23/2009 OTHER FILING - FINE PAYMENT SCHEDULE ORDERED ON 03/23/2009
INSTALLMENT PYMTS: 0.00; WEEKLY:F; BI-WEEKLY:F; MONTHLY:F; BI-MONTHLY:F; PYMT BEGIN: AT 0000; PYMT IN FULL:20140315 AT 0000; THRU PPO:F; SSN:007769373; PYMT DUE AMT: 1,089.93; PMT DUE:20140315 AT 0000; OTHER: 03/23/2009 MOTION - MOTION IN LIMINE MOOT ON 03/23/2009
03/23/2009 TRIAL - JURY TRIAL HELD ON 02/03/2009
03/23/2009 MOTION - MOTION IN LIMINE MOOT ON 03/23/2009
03/23/2009 BAIL BOND - PR BAIL BOND BAIL RELEASED ON 03/23/2009
03/23/2009 BAIL BOND - CASH BAIL BOND BAIL RELEASED ON 03/23/2009
03/23/2009 LETTER - FROM PARTY FILED ON 03/23/2009
LETTER FROM DEFENDANT. JH 03/23/2009 Charge ( s) : 1 APPEAL - NOTICE OF APPEAL FILED ON 03/23/2009
PRO-SE APPEAL FILED. NO TRANSCRIPT ORDER FILED AS INDICATED. TRANSCIPT ORDER ENT TO DEFENDANT. JH 03/27/2009 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 03/24/2009
04/02/2009 Charge(s): 1 APPEAL - NOTICE OF APPEAL FILED ON 03/31/2009
SECOND APPEAL FILED BY COUNSEL. JH 04/02/2009 Charge (s) : 1 MOTION - MOTION TO PREPARE TRANSCRIPT FILED BY DEFENDANT ON 03/31/2009
JH 04/02/2009 MOTION - MOTION FOR NEW TRIAL FILED BY DEFENDANT ON 03/23/2009
PRO-SE MOTION. JH 04/06/2009 MOTION - MOTION TO PREPARE TRANSCRIPT FILED BY DEFENDANT ON 04/02/2009
Attorney: FRAYLA SCHOENFELD JH Page 8 of 11 Printed on: 10/20/2009 MISTY M HANLON PORSC-CR-2008-00472 DOCKET RECORD 04/06/2009 APPEAL - NOTICE OF APPEAL FILED ON 04/02/2009
Attorney: FRAYLA SCHOENFELD JH 04/06/2009 Charge(s): 1 APPEAL - RECORD ON APPEAL DUE IN LAW COURT ON 04/13/2009
JH 04/13/2009 MOTION - MOTION FOR NEW TRIAL DENIED ON 04/06/2009 JEFF MOSKOWITZ , JUDGE COPIES TO PARTIES/COUNSEL. JH 04/13/2009 Charge(s): 1 MOTION - MOTION TO PREPARE TRANSCRIPT GRANTED ON 04/06/2009 JEFF MOSKOWITZ , JUDGE COPY SENT TO TAMMY DROUIN AND KIMBERLY MCCULLOCH, COURT REPORTERS. COPY SENT TO ELECTRONIC RECORDING DIVISION. JH 04/13/2009 MOTION - MOTION TO PREPARE TRANSCRIPT GRANTED ON 04/06/2009 JEFF MOSKOWITZ , JUDGE 04/13/2009 APPEAL - NOTICE OF APPEAL SENT TO REPORTER/ER ON 04/13/2009
04/13/2009 Charge(s): 1 APPEAL - RECORD ON APPEAL SENT TO LAW COURT ON 04/13/2009
JH 05/01/2009 OTHER FILING - COUNSEL VOUCHER FILED ON 04/28/2009
05/01/2009 OTHER FILING - $2,427.00 COUNSEL VOUCHER APPROVED ON 04/30/2009 THOMAS E HUMPHREY , SUPERIOR COURT CHIEF JUSTICE Attorney: FRAYLA SCHOENFELD 48.4 HRS AND $7 EXPENSES 5/1 SENT TO AOC 05/11/2009 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 04/13/2009
Attorney: FRAYLA SCHOENFELD 05/11/2009 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 04/15/2009 JEFF MOSKOWITZ , JUDGE COPIES TO PARTIES/COUNSEL JH 05/11/2009 CASE STATUS - CASE FILE LOCATION ON 05/11/2009
CASE IN LAW COURT PENDING APPEAL. LAW COURT #09-165 JH 05/19/2009 OTHER FILING - OTHER DOCUMENT FILED ON 05/11/2009
INDIGENCY AFFIDAVIT FILED. JH 05/20/2009 Party(s): MISTY M HANLON ATTORNEY - APPOINTED ORDERED ON 05/19/2009
Attorney: VANESSA BARTLETT 05/20/2009 Charge(s): 1 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 05/19/2009 PAUL E EGGERT , JUDGE COPIES TO PARTIES/COUNSEL JH 05/20/2009 NOTE - OTHER CASE NOTE ENTERED ON 05/20/2009
ATTESTED COPY OF DOCKET SENT TO THE LAW COURT. JH Page 9 of 11 Printed on: 10/20/2009 MISTY M HANLON PORSC-CR-2008-00472 DOCKET RECORD 07/30/2009 Charge(s): 1 APPEAL - RECORD ON APPEAL RECVD FROM LAW COURT ON 07/30/2009
07/30/2009 Charge (s): 1 APPEAL - MANDATE/ORDER DISMISSED ON 07/17/2009
08/27/2009 Charge(s): 1 MOTION - MOTION FOR CORR/REDUCE SNTC FILED BY DEFENDANT ON 08/25/2009
Attorney: MARY DAVIS JH 08/27/2009 OTHER FILING - OTHER DOCUMENT FILED ON 08/26/2009
DA: JULIA SHERIDAN JH 10/06/2009 HEARING - OTHER HEARING SCHEDULED FOR 10/16/2009@ 8:30 in Room No. 11 JEFF MOSKOWITZ , JUDGE NOTICE TO PARTIES/COUNSEL 10/06/2009 HEARING - OTHER HEARING NOTICE SENT ON 10/06/2009
10/16/2009 HEARING - OTHER HEARING HELD ON 10/16/2009 JEFF MOSKOWITZ , JUDGE Attorney: JULIA SHERIDAN DA: MARY DAVIS AFTER HEARING MOTION IS GRANTED TAPE 3437 10/16/2009 Charge(s): 1 MOTION - MOTION FOR CORR/REDUCE SNTC GRANTED ON 10/16/2009 JEFF MOSKOWITZ , JUDGE COPIES TO PARTIES/COUNSEL MOTION TO CORRECT SENTENCE IS GRANTED. THE CLERK IS REQUESTED TO SCHEDULE THIS MATTER FOR RESENTENCING AT THE EARLIEST CONVENIENT TIME. 10/16/2009 ORDER - COURT ORDER ENTERED ON 10/16/2009 JEFF MOSKOWITZ , JUDGE ORDER ON DEF'S MOTION TO CORRECT SENTENCE FILED. COPIES SENT TO ALL PARTIES. 10/16/2009 CASE STATUS - CASE FILE LOCATION ON 10/16/2009
CASE ON MARIAH'S DESK TO SCHEDULE SENTENCING HEARING WITH JUDGE MOSKOWITZ 10/20/2009 ORDER - COURT ORDER ENTERED ON 10/16/2009 JEFF MOSKOWITZ JUDGE '
Receipts 04/06/2009 Case Payment $14.32 CK paid. 06/15/2009 Case Payment $22.50 CK paid. 06/22/2009 Case Payment $50.00 CK paid. 07/06/2009 Case Payment $7.25 CK paid. 09/03/2009 Case Payment $28.75 CK paid. 09/24/2009 Case Payment $7.25 CK paid. 10/08/2009 Case Payment $5.00 CK paid.
Exhibits 02/03/2009 STATE, Exhibit#1, STATE CERTIFICATION, Adm w/o obj on 02/03/2009. Page 10 of 11 Printed on: 10/20/2009 MISTY M HANLON PORSC-CR-2008-00472 DOCKET RECORD
02/03/2009 STATE, Exhibit#2, CD OF STOP, Adm w/o obj on 02/03/2009. FINE PAYMENT SCHEDULE Execution/payment stayed to pay in full by 03/15/2014 or warrant to issue.
A TRUE COPY ATTEST: Clerk
Page 11 of 11 Printed on: 10/20/2009