State v. LOI NGO

[¶ 8] I join in the Court’s opinion and write separately to address the view expressed by the dissent that today’s decision and our prior decision in State v. Trott, 2004 ME 15, 841 A.2d 789, conclusively determine that Ngo is ineligible for post-conviction review.

[¶ 9] This case and Trott bear some similarity, but they are far from identical and present different questions of law. In Trott we concluded that when a criminal judgment sentenced an offender “to time previously served, imposed without any additional term of probation or other restriction on the individual, [it] is the functional…