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State v. Horr9/4/2003
Reporter of Decisions
Argued: May 13, 2003
Randall Horr appeals from the judgments of conviction entered following a jury trial in the Superior Court (Cumberland County, Delahanty, J.), and from the corresponding sentences imposed for those convictions. Horr was found guilty of being an habitual motor vehicle offender (Class C) in violation of 29-A M.R.S.A. § 2557(2)(B) (1996 & Supp. 2002), operating under the influence (OUI) (Class C) in violation of 29-A M.R.S.A. § 2411(1) (1996), driving to endanger (Class E) in violation of 29-A M.R.S.A. § 2413(1) (1996), theft by unauthorized use of property (Class D) in violation of 17-A M.R.S.A. § 360(1)(A) (1983), and attaching false motor vehicle plates (Class E) in violation of 29-A M.R.S.A. § 2104(1) (1996). Contending that his convictions should be set aside, Horr asserts that a particular exhibit, containing the totality of his driving record, was improperly given to the jury in violation of a prior ruling by the trial court. He also contends that the consecutive sentences he received are illegal. The record does not support Horr's contention that there was a deviation from any procedure established by the court or that any improperly prejudicial information was turned over to the jury, and we find no error or abuse of discretion in the sentences imposed on Horr. Accordingly, we affirm both the convictions and the sentences.
In November of 2001, Horr was residing with his sister in Windham. His sister owned a 1992 Buick LeSabre, and she had a Ford Thunderbird parked on her lawn, which she had agreed to sell on behalf of a friend. In the early morning hours of November 19, 2001, Horr removed a license plate from his sister's LeSabre and attached it to the Thunderbird. He drove that vehicle to Portland. He was intoxicated, and his license had been suspended for being a habitual offender. A motorist, whose vehicle Horr nearly struck, called the Portland Police and described the vehicle.
A police officer followed the car Horr was operating into an apartment complex parking lot where he found Horr standing outside the passenger door pointing to the apartment building. Horr claimed that an individual named Danny Libby had run inside the building, but no Danny Libby could be located, and Horr was arrested and charged, in a five-count indictment, with being an habitual motor vehicle offender (Count I); operating under the influence (Count II); driving to endanger (Count III); theft by unauthorized use of property (Count IV); and attaching false motor vehicle plates (Count V).
At the outset of Horr's jury trial, the trial court agreed to redact from the indictment any references to Horr's prior record when the indictment was read to the jury. To comply with this ruling, and to keep the jury from knowing the details of Horr's substantial motor vehicle and criminal history, the parties agreed to introduce only the top page of the Secretary of State's certification that contained only identifying information and the fact that Horr's license was under revocation. What the State had identified as the top page of the Secretary of State's certificate, was marked for identification as Exhibit #1, and was ultimately admitted in evidence. At the end of the trial, Horr was found guilty on all five counts.
Taking note of Horr's serious criminal record, and relying on the provisions of 17-A M.R.S.A. § 1256(2)(D) (1983), the court sentenced Horr to five years in prison for Count I, five years for Count II, six months for Count III, and eleven months for Count IV, all to run consecutively to each other. His sentence of six months for Count V was to run concurrently. This appeal by Horr followed.
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