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State v. Hayes

Supreme Judicial Court of Maine

March 8, 2016

STATE OF MAINE
v.
BRANDON C. HAYES

         Argued September 16, 2015.

         On the briefs:

          Kristine C. Hanly, Esq., The Law Office of Kristine C. Hanly, LLC, Portland, for appellant Brandon C. Hayes.

         On the briefs:

         Janet T. Mills, Attorney General, and Donald W. Macomber, Asst. Atty. Gen., Office of the Attorney General, Augusta, for appellee State of Maine.

         At oral argument:

         Kristine C. Hanly, Esq., for appellant Brandon C. Hayes.

         At oral argument:

         Donald W. Macomber, Asst. Atty. Gen., for appellee State of Maine.

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

          OPINION

         JABAR, J.

          [¶1] Brandon C. Hayes appeals from a judgment of the Unified Criminal Docket (Cumberland County, Kelly, J. ) committing Hayes to jail pursuant to 17-A M.R.S. § 1304(3) (2015) for intentionally or knowingly refusing to pay fines assessed against him following his guilty pleas in 2008 and 2009. We dismiss the appeal because a section 1304 hearing is a post-conviction proceeding, and Hayes's sole avenue for appeal is through post-conviction review in the Superior Court.

         I. BACKGROUND

          [¶2] On April 28, 2008, Brandon Hayes was charged by complaint with theft by unauthorized taking or transfer (Class E), 17-A M.R.S. § 353(1)(A) (2015). He pleaded guilty to the charge on May 16, 2008. Hayes was ordered to pay a total of ...


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