State v. Cote

[¶ 1] Patrick Cote appeals from a judgment entered in the Superior Court (Cumberland County, Fñtzsche, J.) upon a jury verdict finding him guilty of operating after habitual offender revocation, 29-A M.R.S.A. § 2557 (1996 & Supp.1998), and operating under the influence, 29-A M.R.S.A § 2411 (1996 & Supp.1998). On appeal, Cote contends that his constitutional right to due process of law was violated when the court applied 29-A M.R.S.A. § 2411(5)(D) to require the use of two prior refusal suspensions to enhance his OUI conviction to a Class C offense. We disagree and affirm the judgment.

I.…