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State v. Olmo

Supreme Judicial Court of Maine

December 9, 2014

STATE OF MAINE
v.
HAVIER OLMO

Argued: September 9, 2014.

As Corrected January 22, 2015.

Judgment affirmed.

On the briefs: Verne E. Paradie, Jr., Esq., Paradie, Sherman, Walker & Worden, Lewiston, for appellant Havier Olmo.

Maeghan Maloney, District Attorney, and Fernand LaRochelle, Dep. Dist. Atty., Kennebec County District Attorney, Augusta, for appellee State of Maine.

At oral argument: Verne E. Paradie, Jr., Esq., for appellant Havier Olmo.

Fernand LaRochelle, Dep. Dist. Atty., for appellee State of Maine.

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

OPINION

Page 397

SAUFLEY, C. J.

[¶1] This appeal requires us to consider the circumstances in which the joinder of criminal charges is unfairly prejudicial to a defendant. Havier Olmo appeals from a judgment of conviction of two counts of aggravated trafficking of scheduled drugs (Class A), 17-A M.R.S. § 1105-A(1)(E)(1) (2013); three counts of unlawful trafficking in scheduled drugs (Class B), 17-A M.R.S. § 1103(1-A)(A) (2013); escape (Class D), 17-A M.R.S. § 755(1-D)(A) (2013); unlawful possession of scheduled drugs (Class D), 17-A M.R.S. § 1107-A(1)(C) (2013); and unlawful possession of synthetic hallucinogenic drugs (Class D), 17-A M.R.S. § 1119(1) (2013), entered in the Superior Court (Kennebec County, Mills, J.) following a jury trial. The charges arise from events that occurred on four different dates--three dates in mid-July and early August 2012, and one date in late September 2012. Olmo raises several arguments on appeal. We focus on his argument that the court abused its discretion in denying his motion to sever the counts stemming from the July and August events from the counts stemming from the September events, see M.R. Crim. P. 8(d), and we affirm the judgment.

I. BACKGROUND

[¶2] Viewing the evidence in the light most favorable to the State, the following facts were established at trial. See State v. Haag, 2012 ME 94, P 17, 48 A.3d 207.

[¶3] In July 2012, Detective Duane Cloutier of the Waterville Police Department enlisted two confidential informants to make controlled purchases of illegal substances from individuals in Waterville. On July 17 and 19, 2012, Cloutier observed each confidential informant make a controlled purchase of oxycodone from the same seller. On August 6, 2012, Cloutier observed one of the ...


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