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December 12, 2008

Maine judge finds mandatory sentence constitutionally excessive in unusual setting

This local AP story reports on an interesting state sentencing ruling:

A Maine judge says the state’s mandatory sentencing law for habitual driving offenders was too harsh to impose on a Vietnam War veteran convicted of continuing to drive after losing his license as a habitual offender.  Franklin County Superior Court Justice Michaela Murphy sentenced 60-year-old Gerald Gilman to 90 days in jail, instead of two years required by law.

Murphy wrote that a two-year sentence mandated by the state’s so-called "Tina’s Law" because of Gilman’s past drunken-driving offenses was "constitutionally excessive."  Prosecutor Andrew Robinson called Murphy’s sentence illegal and said it will be appealed.

This press report suggests there was a written decision in this case, which I will post if I can find it.

December 12, 2008 at 04:26 PM | Permalink


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