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STATE v. CUNNINGHAM4/2/1997
many inconsistencies and implausible elements in Cunningham's account of the events leading up to the stop by the officer and the reasons for his conduct at the scene of the stop. Under these circumstances, it is highly probable that Dellaire's opinion testimony did not affect the verdict.
II.
[ 8] Cunningham's contention that the evidence is insufficient to support the verdicts and cannot justify a finding that he was operating the vehicle is without merit. In reviewing a challenge to the sufficiency of the evidence, we view the evidence in a light most favorable to the State to determine whether a factfinder rationally could find, beyond a reasonable doubt, every element of the offense charged. State v. Marden, 673 A.2d 1304, 1311 (Me. 1996). The same standard applies to a conviction based on circumstantial evidence. State v. Caouette, 462 A.2d 1171, 1176 (Me. 1983). A factfinder could have relied on the officer's testimony and rationally concluded beyond a reasonable doubt that Cunningham was the operator of the vehicle.
The entry is:
Judgments affirmed.
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