State v. Cote

McKUSICK, Chief Justice.

After a jury trial, the Superior Court (Androscoggin County) convicted defendant Robert D. Cote of operating under the influence, 29 M.R.S.A. § 1312-B (Supp.1985-1986), a Class D crime, and sentenced him to ten days in the Androscoggin County Jail. On appeal, he asserts that the presiding justice made errors in instructing the jury and in imposing sentence; but we find no merit in those contentions. We affirm.

Defendant’s first argument on appeal is that the Superior Court illegally increased his sentence because defendant exercised his constitutional right to a trial.…