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State v. Martinelli

Supreme Court of Maine

November 28, 2017

STATE OF MAINE
v.
MICHAEL MARTINELLI

          Argued: October 25, 2017

          Jeffrey M. Silverstein, Esq. (orally), Silverstein-Law, PA, Bangor, for appellant Michael Martinelli

          R. Christopher Almy, District Attorney, and Mark A. Rucci, Asst. Dist. Atty. (orally), Prosecutorial District V, Bangor, for appellee State of Maine

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

          MEAD, J.

         [¶1] Michael Martinelli appeals from an order entered by the trial court (Penobscot County, Lucy, J.) denying his motion to dismiss a complaint charging him with operating under the influence (OUI) (Class D), 29-A M.R.S. § 2411(1-A)(C)(1) (2016). He contends that, because he had already been convicted after a jury trial on a complaint containing the identical charging language, forcing him to stand trial on the complaint at bar would violate his constitutional rights to be free from double jeopardy. U.S. Const, amend. V; Me. Const, art. I, § 8. We conclude that Martinelli's double jeopardy protections are not implicated on these facts and affirm the order.

          I. BACKGROUND

         [¶2] The procedural facts are not disputed. On September 18, 2015, the State charged Martinelli with OUI (Class D), alleging a violation of 29-A M.R.S. § 2411(1-A)(C)(1), in a complaint assigned docket number PENCD-CR-2015-03461 (hereinafter 3461). The complaint alleged:

On or about May 6, 2015, in Bangor, Penobscot County, Maine, MICHAEL MARTINELLI, did operate a motor vehicle while under the influence of intoxicants. MICHAEL MARTINELLI failed to submit to a test at the request of a law enforcement officer.

         At the hearing on Martinelli's motion to dismiss, the parties agreed that the incident giving rise to the complaint in 3461 occurred shortly after midnight on May 6, 2015. Martinelli was convicted of the charge after a jury trial held November 16-17, 2016; the court [Mallonee, J.) entered judgment and sentenced Martinelli to four days' incarceration in the Penobscot County Jail, a $600 fine, and a 150-day license suspension. Martinelli did not appeal.

         [¶3] On June 3, 2015, about three months before the complaint in 3461 was filed, the State had charged Martinelli with OUI (Class D), also alleging a violation of 29-A M.R.S. § 2411(1-A)(C)(1), in a complaint assigned docket number PENCD-CR-2015-01568 (hereinafter 1568).[1] At the hearing, the parties agreed that the incident giving rise to this complaint occurred at about 11:30 p.m. on May 6, 2015, just under twenty-four hours after the incident charged in 3461. As later amended, the charging language of the two complaints is identical.

         [¶4] On November 29, 2016, Martinelli moved to dismiss the complaint in 1568 with prejudice on the ground that forcing him to defend against the charge violated his rights under the federal and state constitutions to be free from double jeopardy. The court held a hearing and denied the motion by written order, concluding that "the State has met its burden of demonstrating that this case does not involve the same conduct for which Defendant has already been convicted." Martinelli filed this interlocutory appeal, which we entertain as an exception to the final judgment rule. State v. Hoover, 2015 ME 109, ¶ 10 n.l, 121 A.3d 1281.

         II. DISCUSSION

         [¶5] Martinelli is protected from being "twice put in jeopardy of life or limb" by the United States and Maine Constitutions, which afford coextensive protections. U.S. Const, amend. V; Me. Const, art. I, § 8; Ayotte v. State,2015 ME 158, ¶ 12, 129 A.3d 285. Pertinent to this case, "[t]he constitutional prohibitions against double jeopardy prohibit... a second prosecution for the same offense after conviction[] and . . . multiple punishments for the same offense." Ayotte,2015 ME 158, ¶ 13, 129 ...


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