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STATE v. MARTINELLI

Docket No. Pen-17-49.

175 A.3d 636 (2017)

2017 ME 217

STATE of Maine, v. Michael MARTINELLI.

Supreme Judicial Court of Maine.

Decided: November 28, 2017.

Attorney(s) appearing for the Case

Jeffrey M. Silverstein, Esq. (orally), Silverstein-Law, PA, Bangor, for appellant Michael Martinelli.

R. Christopher Almy , District Attorney, and Mark A. Rucci , Asst. Dist. Atty. (orally), Prosecutorial District V, Bangor, for appellee State of Maine.

Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

Michael Martinelli appeals from an order entered by the trial court (Penobscot County, Lucy, J.) denying his motion to dismiss a complaint charging him with operating under the influence (OUI) (Class D), 29-A M.R.S. § 2411(1-A)(C)(1) (2016). He contends that, because he had already been convicted after a jury trial on a complaint...

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