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STATE v. ROBERTS6/1/1992
persuasive at trial, the test decision is not critical in the
Wade sense. There is little counsel could do in making a
decision (or, even, during the administration of the test) for
the defendant. The test is, in fact, a "mere preparatory
step".
Jones, 457 A.2d at 1119, n. 5.
III.
In reviewing the sufficiency of the evidence, we examine the evidence in the light most favorable to the State to determine whether the trier of fact could reasonably have found, beyond a reasonable doubt, each element of the offense. State v. Barry, 495 A.2d 825, 826 (Me. 1985). There is ample support in the record for a finding that Roberts operated a motor vehicle while under the influence of alcohol.
The entry is:
Judgment affirmed.
All concurring.
Page 1 2 Maine DUI Attorneys
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