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State v. Davenport

Supreme Court of Maine

May 10, 2016

STATE OF MAINE
v.
MICHAELA C. DAVENPORT

Argued: March 2, 2016

Reporter of Decisions

Cumberland County Unified Criminal Docket docket number CR-2015-294

On the briefs:

Robert C. LeBrasseur, Esq., Portland, for appellant Michaela C. Davenport

Janet T. Mills, Attorney General, and Darcy Mitchell, Asst. Atty. Gen., Office of the Attorney General, Augusta, for appellee State of Maine

At oral argument:

Tina Heather Nadeau, Esq., The Law Office of Tina Heather Nadeau, Portland, for appellant Michaela C. Davenport

Valerie Wright, Asst. Atty. Gen., Office of the Attorney General, Augusta, for appellee State of Maine

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

SAUFLEY, C.J.

[¶1] Michaela C. Davenport appeals from a judgment, entered in the Unified Criminal Docket (Cumberland County, Brodrick, J.), in which the court ordered her to pay restitution of $15, 224[1] to the Department of Health and Human Services after she pleaded guilty to crimes arising from her wrongful procurement of public benefits through material misrepresentations. In this direct appeal, Davenport challenges the court's finding that she had not proved an incapacity to pay restitution. We dismiss the appeal because Davenport's appeal does not raise any illegality that is apparent on the face of the record. See State v. Winslow, 2007 ME 124, ¶ 27, 930 A.2d 1080.

I. BACKGROUND

[¶2] After being charged by indictment in January 2015, Davenport pleaded guilty on May 29, 2015, to theft by deception (Class B), 17-A M.R.S. § 354(1)(B)(1) (2015), and aggravated forgery (Class B), 17-A M.R.S. § 702(1)(D), (2) (2015), pursuant to an agreement that she reached with the State.[2]She had received benefits through the Department of Health and Human Services ...


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