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State v. Bradley

Supreme Court of Maine

May 10, 2016

STATE OF MAINE
v.
DAVID BRADLEY

Argued: March 2, 2016

Reporter of Decisions

Kennebec County Superior Court docket number CR-2013-521

On the briefs:

Scott F. Hess, Esq., The Law Office of Scott F. Hess, LLC, Augusta, for appellant David Bradley

Janet T. Mills, Attorney General, and Valerie A. Wright, Asst. Atty. Gen., Office of the Attorney General, Augusta, for appellee State of Maine

At oral argument:

Scott F. Hess, Esq., for appellant David Bradley

Valerie A. Wright, Asst. Atty. Gen., for appellee State of Maine

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

HUMPHREY, J.

[¶1] David Bradley appeals the restitution portion of his sentence arising from his conviction for submitting hundreds of fraudulent claims to MaineCare. He contends (1) that the court erred in finding that he was not incapable of paying the ordered restitution, and (2) that the court's decision to order $20, 000 in restitution was so arbitrary that it violated his right to due process of law. Discerning no error or due process violation, we affirm.

I. BACKGROUND

[¶2] David Bradley was charged with one count of theft by deception (Class B), 17-A M.R.S. § 354(1)(B)(1) (2015) on June 12, 2013, and pleaded guilty on April 21, 2015. The State alleged, and the court (Kennebec County, Mullen, J.) found there was sufficient evidence to support, that Bradley had ...


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