Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Siracusa

Supreme Court of Maine

May 4, 2017

STATE OF MAINE
v.
MICHAEL J. SIRACUSA JR.

          Argued: March 2, 2017

         Reporter of Decisions

          Thomas J. Connolly, Esq. (orally), Portland, for appellant Michael J. Siracusa Jr.

          Kathryn Loftus Slattery, District Attorney, Anne Marie Pazar, Asst. Dist. Atty., and Justina A. McGettigan, Asst. Dist. Atty. (orally), Prosecutorial District 1, Alfred, for appellee State of Maine

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

          GORMAN, J.

         [¶l] Michael J. Siracusa Jr. appeals from a judgment of conviction for possessing a loaded firearm in a motor vehicle (Class E), 12 M.R.S. §11212(1)(B) (2014), [1] and unlawfully driving deer (Class E), 12 M.R.S. § 11453(1) (2016), entered by the trial court (York County, O'Neil, J.) after a jury trial. Siracusa contends that the trial court erred in refusing to instruct the jury that it needed to find that he had acted intentionally or knowingly in order to find him guilty of either offense. We disagree and affirm the judgment.

         I. BACKGROUND

         [¶2] Viewing the evidence in the light most favorable to the State as the prevailing party, the following facts were established at trial. See State v. Carter, 2016 ME 157, ¶ 2, 150 A.3d 327. On November 4, 2014, Siracusa met with four people-including, unbeknownst to him, an undercover game warden-to go hunting in Parsonsfield. Siracusa and another member of the hunting party took stationary positions near a pit in the woods while the remaining members of the party fanned out and walked toward them in order to move deer in their direction. After the hunt, Siracusa rode to a residence in the passenger seat of an SUV with a loaded .30-30 lever-action rifle in his lap. When the SUV pulled into the driveway, Siracusa got out of the vehicle and ejected three live rounds of ammunition from the rifle onto the ground.

         [¶3] On May 5, 2015, the State charged Siracusa with two counts of possessing a loaded firearm in a motor vehicle (Class E), 12 M.R.S. § 11212(1)(B), and one count of unlawfully driving deer (Class E), 12 M.R.S. § 11453(1), to which Siracusa pleaded not guilty.[2] The court held a jury trial on May 24 and 25, 2016. After the close of evidence, the court instructed the jury that "[i]n Maine a person commits a crime only if they engage in voluntary conduct. A person acts voluntarily if he acts as a result of a conscious choice."[3] The court then explained the charge of deer driving:

[T]he State claims-and this is the question that you are going to be required to answer-that on or about November 4th, 2014, in Parsonsfield, Mr. Siracusa did participate in a hunt for deer during which an organized or planned effort was made to drive deer. [A deer drive] is defined as an organized or planned effort to drive deer which requires four or more persons working together to move deer. So that is the charge of illegal driving of deer and the explanation about what deer driving is under Maine law, which involves the four persons acting in an organized or planned effort to move deer. . . . And once again, that conduct in that particular count needs to be proven to have been voluntary, which means it was a person's conscious choice to act in that way.

(Emphasis added.) It then explained that, as to the charge of possessing a loaded firearm in a motor vehicle, the jury was required to determine

whether or not the State has proven . . . beyond a reasonable doubt that on those particular dates in Parsonsfield Mr. Siracusa, while in the motor vehicle, or on a trailer, or other type of vehicle being hauled by a motor vehicle had the [.]30-30 lever-action rifle, which had ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.