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State v. Mourino

Supreme Judicial Court of Maine

November 25, 2014

STATE OF MAINE
v.
MELANIE S. MOURINO

Argued October 8, 2014.

Page 894

On the briefs:

Robert Van Horn, Esq., Ellsworth, for appellant Melanie Mourino.

Carletta Bassano, District Attorney, and Paul Cavanaugh II, First Asst. Dist. Atty., Ellsworth, for appellee State of Maine.

At oral argument:

Robert Van Horn, Esq., appellant Melanie Mourino.

Paul Cavanaugh II, First Asst. Dist. Atty., for appellee State of Maine.

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

OPINION

Page 895

MEAD, J.

[¶1] Melanie S. Mourino appeals from a judgment of conviction entered by the trial court ( Mallonee, J.) following a bench trial on a complaint charging her with passing a stopped school bus (Class E), 29-A M.R.S. § 2308(2) (2013).[1] We affirm the judgment.

I. BACKGROUND

[¶2] Viewed in the light most favorable to the court's verdict, the record supports the following facts, which are largely undisputed. See State v. Ormsby, 2013 ME 88, ¶ 2, 81 A.3d 336. On May 6, 2013, Mourino was driving on Ash Street in Bar Harbor after dropping her son off at daycare. Ash Street ends when it meets Park Street, which runs perpendicular to Ash, forming a " T" intersection. When Mourino arrived at the stop sign at the end of Ash Street, she saw a school bus that had been driving on Park Street stopped a short distance into the intersection. When she stopped, ...


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