STATE v. DOWNS


916 A.2d 210 (2007)

2007 ME 41

STATE of Maine v. Eugene V. DOWNS Jr.

Supreme Judicial Court of Maine.

Decided: March 2, 2007.


Attorney(s) appearing for the Case

Evert N. Fowle, DA, James G. Mitchell, ADA (orally), Skowhegan, for the State.

Jason M. Jabar, Esq., Arnold S. Clark, Esq. (orally), Jabar, Batten, Ringer & Murphy, Waterville, for the defendant.

Dissent: ALEXANDER, J.


DANA, J.

[¶ 1] Eugene V. Downs Jr. appeals the sentence imposed by the Superior Court (Somerset County, Mills, J.), contending that the court erred (1) in applying the three-step sentencing analysis codified at 17-A M.R.S. § 1252-C (2006); (2) in imposing consecutive sentences; and (3) in finding that Downs has the ability to pay the imposed amount of restitution. We take this occasion to discuss how a court complies with the statute while sentencing...

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