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STATE v. DOWNS

Docket: SRP-07-574

962 A.2d 950 (2009)

2009 ME 3

STATE of Maine v. Eugene DOWNS.

Supreme Judicial Court of Maine.

Decided: January 13, 2009.

Attorney(s) appearing for the Case

Evert Fowle, District Attorney, James G. Mitchell, Asst. Dist. Atty., (orally), Prosecutorial District IV, Skowhegan, ME, for the State of Maine.

Arnold Clark, Esq., (orally), Jabar, Batten & Ringer, Waterville, ME, for Eugene Downs.

Dissent: SILVER, J.

LEVY, J.

[¶ 1] Eugene Downs appeals the sentence imposed by the Superior Court (Somerset County, Mills, J.) contending that the court erred in applying the three steps of the Hewey sentencing analysis codified at 17-A M.R.S. § 1252-C (2008), that the court erred in imposing consecutive sentences, and that his overall sentence is excessive. We affirm the sentence imposed by the Superior Court and clarify how the Hewey sentencing analysis...

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