Submitted on Briefs December 1, 2014.
On the briefs:
Matthew J. Foster, Esq., Law Offices of Matthew J. Foster, P.C., Ellsworth, and Dawn M. Corbett, Esq., Law Office of Dawn M. Corbett, PA, Ellsworth, for appellant Alan Perkins.
William B. Entwisle, Asst. Dist. Atty., Prosecutorial District No. VII, Ellsworth, for appellee State of Maine.
Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.
[¶1] Alan D. Perkins, following a jury trial, appeals from a judgment entered by the trial court ( A. Murray, J.) convicting him of burglary (Class B), 17-A M.R.S. § 401(1)(B)(5) (2014); theft by unauthorized taking (Class C), 17-A M.R.S. § 353(1)(B)(6) (2014); and violation of a condition of release (Class E), 15 M.R.S. § 1092(1)(A)
(2014). Perkins contends that the court effectively prevented him from testifying when, prior to trial, it reserved ruling on the extent to which the State would be permitted to impeach his potential testimony. He also asserts that the evidence was insufficient to support the jury's verdict. We affirm the judgment.
[¶2] The evidence admitted at trial, viewed in the light most favorable to the State, would allow the jury to rationally find the following facts. See State v. Crossman, 2002 ME 28, ¶ 2, 790 A.2d 603. On May 21, 2013, Larry Fang, his son Jerry Fang, and Bruce Chang, all employees of Crowley Seafood in Ellsworth, a business that buys elvers from licensed fishermen, were working at the Crowley warehouse. Sometime in the midafternoon, Jerry and Bruce went to the Fangs' apartment to eat; Larry left to join them at about 3:30 p.m., locking the warehouse door behind him. No one was in the warehouse when he left, and no one other than employees had permission to be inside. There were more than fifty pounds of live elvers in the warehouse, worth about $100,000.
[¶3] When the men returned to the warehouse approximately ninety minutes later, Larry saw Sherri Runsey, a woman whom he had seen several times before with one of Crowley's top elver suppliers, parked outside the warehouse. She had backed into a parking space and it appeared to Larry that she was waiting for someone. When he approached Runsey, she exited the vehicle and began asking him whether a person needed a license to sell elvers to him. Larry was sure that she knew that a license was required because he had answered that question for her many times before. Suspicious, Larry told Jerry to check the warehouse.
[¶4] Jerry saw that the warehouse door was open slightly. When he went inside, he saw Perkins using a net to take elvers out of a tank. There was a five-gallon bucket at Perkins's feet that contained elvers but no water. Perkins had never sold elvers to Crowley Seafood, and neither he nor Runsey had called that day to say that they had any to sell. Jerry recognized Perkins from a dispute a week earlier involving Perkins and another fisherman. When Jerry discovered him, Perkins fled and ran up the street. The Fangs pursued and caught him, but he ...