STATE v. GARCEAU


536 A.2d 1129 (1988)

STATE of Maine v. Brian S. GARCEAU.

Supreme Judicial Court of Maine.

Decided February 5, 1988.


Attorney(s) appearing for the Case

R. Christopher Almy, Dist. Atty., Bangor, for plaintiff.

Perry O'Brien, Vandermeulen, Goldman, Allen & O'Brien, P.A., Bangor, for defendant.

Before McKUSICK, C.J., and NICHOLS, WATHEN, GLASSMAN and SCOLNIK, JJ.


MEMORANDUM OF DECISION.

The Defendant, Brian S. Garceau, appeals from a July, 1987, judgment of the Superior Court (Penobscot County) after a jury trial convicting him of operating a motor vehicle while classified as an habitual offender, 29 M.R.S.A. § 2298 (Supp. 1987). On appeal the Defendant admits all the elements of this offense but challenges the failure of the jury to find that his operation of the vehicle was justified within the meaning of 17-A M.R...

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