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State v. Belhumeur

Supreme Judicial Court of Maine

November 24, 2015

STATE OF MAINE
v.
DOUGLAS E. BELHUMEUR

Argued October 6, 2015

On the briefs:

Jeffrey C. Toothaker, Esq., Ellsworth, for appellant Douglas E. Belhumeur.

R. Christopher Almy, District Attorney, and Susan J. Pope, Asst. Dist. Atty., Prosecutorial District V, Bangor, for appellee State of Maine.

At oral argument:

Jeffrey C. Toothaker, Esq., for appellant Douglas E. Belhumeur.

Susan J. Pope, Asst. Dist. Atty., for appellee State of Maine.

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

OPINION

GORMAN, J.

[¶1] Douglas E. Belhumeur appeals from a judgment of conviction for operating under the influence (Class D), 29-A M.R.S. § 2411(1-A)(A), (C)(1) (2014), entered in the Unified Criminal Docket (Bangor) after a jury trial. Belhumeur challenges the sufficiency of the evidence supporting his conviction. We affirm the judgment.

I. BACKGROUND

[¶2] Viewing the evidence in the light most favorable to the State, the jury could rationally have found the following facts beyond a reasonable doubt. See State v.

Page 647

Lowden, 2014 ME 29, ¶ 3, 87 A.3d 694. For at least two hours on the evening of November 17, 2013, Belhumeur's car was stationary on a side street near the casino in Bangor. Throughout that period of time, Belhumeur was alone inside the car, the car engine was running, and the headlights were on. During those hours, the engine of the car " revved" almost continuously. The officer who responded to a complaint about the revving car saw Belhumeur asleep or unconscious in the driver's seat, slouching toward the center of the vehicle. Belhumeur's left hand rested on a half-full can of " Natty ...


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