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STATE v. TAYLOR

4/18/1997

are persuaded that the error is harmless. M.R.Crim.P. 52(a). An error is harmless "if it is highly probable that the error did not affect the jury's verdict." State v. Phillipo, 623 A.2d 1265, 1268 (Me. 1993) (citing State v. True, 438 A.2d 460, 467 (Me. 1981)). Taylor admitted consuming alcohol and had an odor of alcohol on his breath. He performed poorly on the walk-and-turn test, the one-leg stand test, and reciting the alphabet. His speech was slow and thick. Taylor then refused to take a breathalyzer test at the station. Moreover, the court entered a judgment of acquittal on the charge of operating
The entry is:


Judgments affirmed.






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