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State v. Reckards

Supreme Judicial Court of Maine

March 17, 2015

STATE OF MAINE
v.
DAVID RECKARDS

Argued: February 12, 2015.

Page 590

On the briefs:

Jeremy Pratt, Esq., and Ellen Simmons, Esq., Camden, for appellant David Reckards.

Janet T. Mills, Attorney General, Katie Sibley, Asst. Atty. Gen., Office of the Attorney General, Augusta, for appellee State of Maine.

At oral arguments: Jeremy Pratt, Esq., for appellant David Reckards.

Katie Sibley, Asst. Atty. Gen., for appellee State of Maine.

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

OPINION

Page 591

MEAD, J.

[¶1] David Reckards appeals from an order of the Superior Court (Knox County, Hjelm, J.) denying his motions to dismiss two criminal cases against him on the ground that the statute defining a " synthetic hallucinogenic drug," 17-A M.R.S. § 1101(16-A)(O) (2012), is unconstitutionally vague. We affirm the judgment.

I. BACKGROUND

[¶2] On July 10, 2013, a grand jury indicted Reckards on several charges including unlawful trafficking in synthetic hallucinogenic drugs (Class B), 17-A M.R.S. § 1120(1) (2012), and conspiracy to commit unlawful trafficking in synthetic hallucinogenic drugs (Class C), 17-A M.R.S § 151(1)(C) (2012).[1] Reckards initially entered not guilty pleas to all charges on July 30, 2013, and on July 31, 2013, he filed motions to dismiss the two cases on the ground that the statute defining a " synthetic hallucinogenic drug" is unconstitutionally vague. The court denied the motions, and Reckards entered conditional guilty pleas pursuant to M.R. Crim. P. 11(a)(2). Reckards was sentenced on April 29, 2014, subject to the outcome of this appeal, ...


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