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State v. Deschenes9/27/2001
Reporter of Decisions
Submitted on Briefs: September 19, 2001
Michael Deschenes appeals from the judgments entered in the Superior Court (Oxford County, Humphrey, J.) following a consolidated trial and conviction by a jury on two charges of operating under the influence (Class D), 29-A M.R.S.A. § 2411(1) (1996). On appeal, Deschenes contends that the evidence was insufficient to prove operation or attempted operation for either charge. Because admissions may constitute sufficient evidence of operation or attempted operation of a motor vehicle and there is sufficient evidence as to both crimes for which Deschenes was convicted, we affirm.
I. CASE HISTORY
On May 26, 2000, Officer Harry Sims of the Oxford Police Department received a call from his dispatcher regarding a possible intoxicated driver at Rockadundee Park in Oxford. When he arrived, Sims found only one car occupied by Michael Deschenes. At trial, Sims testified that Deschenes stated that he had "two beers . . . at his house and then he had driven to the park and had not had anything to drink at all since he arrived at the park" a couple of minutes earlier. In Deschenes's testimony, he offered a completely different version of the events. He testified that he did not like going out to bars and instead would meet friends in the park to drink and socialize. Deschenes testified that he consumed alcohol only after driving to the park several hours earlier, that he had placed his teeth in the glove box and his keys in the hatchback trunk, and that he was asleep in his car when Sims approached his vehicle. After conducting a series of field sobriety tests, Sims arrested Deschenes for operating under the influence (OUI).
On July 7, 2000, Deschenes was again arrested by Officer Sims and charged with OUI. For the July arrest, Sims testified that he was on patrol when he observed Deschenes stagger across the parking lot at Rockadundee Park toward the same vehicle involved in the May 26, 2000, incident. Sims then turned his vehicle around and parked his cruiser directly behind Deschenes to prevent him from backing out. Upon approaching the vehicle and knocking on the driver's side window, Sims observed Deschenes "attempting to start the car" with his left hand on the steering wheel, his feet on the floor by the pedals, and his right hand attempting to insert a key in the ignition. When asked what he was doing, Deschenes responded that he was "just leaving."
In contrast, Deschenes testified he was sitting on a picnic table when Officer Sims drove into the parking lot and that he only entered his vehicle when the officer demanded he do so. Deschenes testified: "I did not attempt to drive. I was not going to drive. I was there for the night."
The two charges were tried jointly on December 6, 2000. The parties stipulated that Deschenes was under the influence of intoxicating liquor on both occasions. Thus, the only issue before the jury was that of operation. The jury returned guilty verdicts on both charges.
II. DISCUSSION
Deschenes argues that the evidence was insufficient to support the jury's finding of operation on May 26, 2000, and attempted operation on July 7, 2000. When a criminal defendant challenges the sufficiency of the evidence to support the conviction, we view the evidence in the light most favorable to the State to determine whether the trier of fact rationally could have found every element of the crime charged beyond a reasonable doubt. State v. Robinson, 2001 ME 83, 19, 773 A.2d 445, 451.
The only evidence that Deschenes operated his car on May 26, 2000, is his admission to Officer Sims. Ordinarily, t
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