State v. Mason

POMEROY, Justice.

Defendant was convicted of burglary, Class C, 17 — A M.R.S.A. § 401, after a jury trial in Superior Court. On this appeal defendant asserts that the trial Justice abused his discretion by failing to sanction the State for noncompliance with the automatic discovery rule, Rule 16(a) M.R. Crim.P., and by denying defendant’s motion for judgment of acquittal based upon insufficiency of the evidence. A review of the record reveals that the Justice presiding at defendant’s trial did not exercise judicial discretion at all. Because, in the interests of justice, defendant was entitled…