State v. Whitten

COLLINS, Justice.

Donald Whitten appeals from his conviction for operating a motor vehicle under the influence of intoxicating liquor in violation of 29 M.R.S.A. § 1312-B (Pamph. 1991),1 entered after a jury-waived trial in the District Court (Augusta, Saufley, J.). Whitten argues that the trial court committed reversible error by granting the State’s oral motion to amend its complaint near the close of its evidence to add that Whitten had been convicted of operating under the influence within the previous six years. We disagree and affirm the conviction.

Whitten objected to the State’s motion…