State v. Downs

Majority: DANA, CALKINS, LEVY, and SILVER, JJ.

Dissent: SAUFLEY, C.J., and CLIFFORD, and ALEXANDER, JJ.

Dissent: ALEXANDER, J.

DANA, J.

[¶ 1] Eugene V. Downs Jr. appeals the sentence imposed by the Superior Court (Somerset County, Mills, J.), contending that the court erred (1) in applying the three-step sentencing analysis codified at 17-A M.R.S. § 1252-C (2006); (2) in imposing consecutive sentences; and (3) in finding that Downs has the ability to pay the imposed amount of restitution. We take this occasion to discuss how a court complies with the statute while sentencing a defendant who has…