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STATE v. LANE11/15/1994
1057(2). We find the surcharge to be a valid exercise of legislative power.
We have previously upheld mandatory minimum sentences and fines set by the Legislature to be imposed by the judiciary. See State v. Thibeault, 621 A.2d 418, 419 (Me. 1993) (mandatory minimum sentencing scheme set forth in 17-A M.R.S.A. § 1251 does not impermissibly limit judicial discretion in sentencing); State v. Briggs, 388 A.2d 507, 509 (Me. 1978) (mandatory fine provided for night hunting did not violate separation of powers provision in Constitution); State v. Farmer, 324 A.2d 739, 746 (Me. 1974) (minimum mandatory sentence does not violate separation of powers mandate).
In the instant case, the Legislature directed that the judiciary add a mandatory 10% surcharge to any fine imposed. We find the judicial imposition of the surcharge was made pursuant to valid legislative authority and, therefore, is not an unconstitutional violation of the separation of powers.
The entry is:
Judgment of conviction affirmed.
Order of restitution vacated.
Remanded for resentencing.
All concurring.
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