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STATE v. STEVENS

912 A.2d 1229 (2007)

2007 ME 5

STATE of Maine v. Dwayne B. STEVENS.

Supreme Judicial Court of Maine.

Decided: January 9, 2007.

Attorney(s) appearing for the Case

Evert N. Fowle, District Attorney, Alan P. Kelley, Deputy Dist. Atty. (orally), Augusta, for State.

Sherry Tash, Esq. (orally), Hainke & Tash, Whitefield, for defendant.

Dissenting: SAUFLEY, C.J., and CALKINS, J.

LEVY, J.

[¶ 1] The State of Maine appeals from a judgment entered in the Superior Court (Kennebec County, Studstrup, J.) granting, in part, Dwayne B. Stevens's motion to dismiss the indictment charging him with criminal OUI (Class C), 29-A M.R.S. § 2411(1-A)(D)(2), (5)(D-1) (2005).1 The State contends that the trial court erred when it held that, because Stevens's prior criminal...

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