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State v. Pineo6/7/2002
leming, 644 A.2d 1034, 1035 (Me.1994) (upholding finding of no facilitation as not clearly erroneous). [FN9]
FN9. Pineo does not argue that any of the other limitations on consecutive sentences in section 1256(3) apply, and on the facts of this case any such argument would be meritless.
V. STAY OF LICENSE SUSPENSION
[ 15] The court stayed the suspension of Pineo's driver's license until he is released from prison. On appeal, Pineo and the State agree that the court lacked authority to stay the suspension. Pursuant to 29-A M.R.S.A. § 2434(4), (8) (1996), a license suspension begins immediately on announcement of sentence, except that the court may stay it for up to four hours for reasonable cause. The Legislature has not yet given the court the authority to stay a license suspension to a later date when the defendant is sentenced to a significant period of incarceration. The stay authorized by 17-A M.R.S.A. § 1103(6) (Supp.2001), cited in the notice of suspension, applies only to persons convicted of drug trafficking, and no other statute authorizes the stay imposed by the court.
The entry is:
Judgment modified to delete stay of license suspension and, as modified, affirmed.
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