State v. Worthley

[¶ 1] Robert Worthley appeals from a judgment of the Superior Court (Kennebec County, Marden, J.) sentencing him to 364 *376days imprisonment with all but seven days suspended and probation for one year, after he pled guilty to OUI (operating under the influence of intoxicants) (Class D) in violation of 29-A M.R.S.A. § 2411 (1996). Worthley contends that the mandatory minimum sentence in section 2411(5)(B) is unconstitutional as applied to him. We disagree and affirm the judgment.

I. FACTS AND PROCEDURE

[¶ 2] On May 12, 2000, Worthley was stopped by a police officer for speeding. After he failed…