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State v. Sanborn

Superior Court of Maine, Cumberland

January 28, 2019

STATE OF MAINE
v.
BRUCE SANBORN, Defendant

          Attorney: PETER CYR LAW OFFICES OF PETER J CYR

          State's Attorney: STEPHANIE ANDERSON

          ORDER

          Thomas D. Warren Justice, Superior Court

         Before the court is the issue of whether defendant Bruce Sanborn's probation has been tolled, which would allow the State to pursue motions to revoke Sanborn's probation. A hearing was held on November 15, 2018.

         This case turns in part on the Interstate Compact for Adult Offender Supervision ("Interstate Compact" or "ICAOS"), which governs the interstate transfer of persons who are on probation or parole. 34-A M.R.S. §§ 9871-9888. The actual procedures governing interstate transfer of probationers and parolees are not set forth in the Interstate Compact itself but are set forth in regulations issued to implement the Compact. See 34-A M.R.S. § 9877(1).[1]

         Facts

         On January 22, 2008 Sanborn entered guilty pleas in Cumberland County docket no. CR-07-2091 to charges of Class C Assault and Class C Terrorizing. These were felony charges because Sanborn had two prior assault convictions in New Hampshire within the preceding 10 years. Sanborn received a sentence of four years, all but six months suspended, with three years of probation, concurrent on both counts.

         Sanborn was released in February 2008, and his probation was thereafter transferred to New Hampshire pursuant to the Interstate Compact.

         The next event in this case was a November 12, 2009 motion signed by Probation Officer David Edwards to revoke Sanborn's probation based on (1) charges of assault, resisting arrest, and disorderly conduct that had allegedly occurred in New Hampshire on September 23, 2009, (2) alleged failures to attend a certified batterers program, and (3) an alleged failure to report to his New Hampshire probation officer.[2] This motion was based in part on an October 20, 2009 Offender Violation Report that had been sent to Maine by New Hampshire pursuant to the Interstate Compact. See Defendant's Ex. 1 at pp. 6-7. Edwards's motion also included details, presumably obtained from New Hampshire authorities, that went beyond the information contained in the New Hampshire violation report.

         In his cover memorandum to the November 12, 2009 motion, Edwards informed the clerk's office that Sanborn was in the Belknap N.H. County Jail and that New Hampshire authorities were requesting that Sanborn be returned to Maine to face probation revocation in Maine. See Defendant's Ex. 1 at p.l.

         In filing the Maine probation motion, Edwards sought a warrant, stating that he could not locate Sanborn "for the purposes of arrest or summons." See Defendant's Ex. 1 at p. 9. A warrant was duly issued, but in part because Edwards had not specified that he was seeking extradition from New Hampshire, the warrant was a "Maine only" warrant.[3] As a result, it was not filed as a detainer against Sanborn in New Hampshire, and there is no evidence that Sanborn was made aware that Maine had filed the November 12, 2009 probation motion.

         At some point Sanborn was released from the Belknap County Jail on the 2009 New Hampshire charges. The record does not reflect how those charges were resolved. Sanborn remained in New Hampshire. Although Maine's November 12, 2009 probation revocation motion remained pending, there was no action on that motion because of the "Maine only" warrant.[4]

         In 2014 and again in 2015 Sanborn was convicted in New Hampshire on felony drug possession charges. On the 2014 charges he received a sentence of not more than 3 years and not less than 1 year. On the 2015 charges he received a sentence - consecutive to his 2014 sentence -of not more than 5 years and not less than 1 year.

         At some point, according to the testimony at the November 15, 2018 hearing, New Hampshire sent a case closure notice to Maine under the Interstate Compact. That notice was apparently sent because Sanborn had been sentenced in New Hampshire to more than 180 days, which was a basis for a case closure notice under ICAOS Rule 4.112(a)(3) (June 2009).[5] As far as the record reflects, Maine took no action in response to the case closure notice. Most likely, ...


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