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State v. Austin

Supreme Judicial Court of Maine

January 19, 2016

STATE OF MAINE
v.
HARVEY AUSTIN JR

         Argued October 7, 2015.

         On the briefs:

          Lawrence P. Bloom, Esq., Bloom & Bloom, Skowhegan, for appellant Harvey Austin Jr.

         Maeghan Maloney, District Attorney, and Francis J. Griffin, Jr., Asst. Dist. Atty., Prosecutorial District IV, Augusta, for appellee State of Maine.

         At oral argument:

         Lawrence P. Bloom, Esq., for appellant Harvey Austin Jr.

         Francis J. Griffin, Jr., Asst. Dist. Atty., for appellee State of Maine.

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

          OPINION

Page 378

          MEAD, J.

          [¶1] Harvey Austin Jr. appeals from a judgment of conviction of abuse of property for failing to label an observation stand (Class E), 12 M.R.S. § 10652(1)(B)(2) (2014), entered in the trial court (Somerset County, Mullen, J. ) following a bench trial. Austin contends that when he purchased his hunting license he was given a magazine summarizing Maine hunting laws and rules, endorsed by the Maine Department of Inland Fisheries and Wildlife (IF& W), that misstated the law concerning tree stands, and for that reason the State was equitably estopped from prosecuting him.[1] We affirm the judgment.

         I. BACKGROUND

          [¶2] On January 21, 2014, two Maine game wardens summonsed Austin for failing to label a tree stand pursuant to 12 ...


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