State of Maine v. Kenneth A. Fay

[¶ 1] Kenneth A. Fay appeals from a judgment of conviction of operating under the influence (Class D), 29-A M.R.S. § 2411(1-A)(C)(1) (2012), 1 entered by the trial court (Waldo County, R. Murray, J.) after a jury trial. On appeal, Fay contends that (1) the evidence was insufficient to support the jury’s guilty, verdict; (2) the court abused its discretion in refusing to grant a mistrial; and (3) the court committed prejudicial error by using a jury verdict form. We affirm the judgment.

I. BACKGROUND

[¶ 2] When viewed in the light most favorable to the State, the jury could have rationally found…