State v. Brooks

I must respectfully dissent. 29 M.R.S.A. § 1312-B(2)(F) (Supp.1994) provides:

For purposes of this section, a prior conviction has occurred within the 6-year period provided if the date of docket entry by the clerk of a judgment of conviction or adjudication is 6 years or less from the date of the new conduct which is penalized or for which the penalty is or may be enhanced.

In the instant case the language in the complaint that “the said defendant having previously been convicted of a violation of Title 29 M.R.S.A. § 1312-B,” failed to specify that the conviction was within the past 6 years.

The…