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STATE v. BROOKS4/5/1995
d to the mandatory minimum sentence provided in section 1312-B(2)(C). To require that the basis for the enhancement be alleged specifically is not subjecting the complaint to an arbitrary or overly technical test.
Nor can the specific requirements of 1312-B(2)(C) be read into the complaint by necessary intendment or implication. See State v. Martin, 387 A.2d 592, 593-94 (Me. 1978). In Martin, we were not addressing an enhancement of a sentence. The uniform traffic ticket and complaint identified Martin as the owner of a certain motor vehicle, set forth the date and location of the offense and charged him with the offense of operating under the influence of intoxicating liquor. The traffic ticket and complaint also referred to 29 M.R.S.A. § 1312, the section then governing criminal OUI. Id. We held that, in those circumstances, the charge that Martin operated under the influence necessarily implied that it was his motor vehicle he was operating. Id. Such is not the case here. Because the enhanced sentence was improperly imposed as a mandatory minimum sentence pursuant to section 1312-B(2)(C), I would vacate the sentence and remand for resentencing.
[fn1a] In Keith, unlike the present case, it was not apparent from the record that the sentence was imposed pursuant to the mandatory minimum sentence language set out in 29 M.R.S.A. § 1312-B(2)(C). Keith, 595 A.2d at 1021.
GLASSMAN, Justice, dissenting.
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