State v. McLean

[¶ 1] David E^ McLean appeals from a judgment of conviction entered in Superior Court (Kennebec County, Marden, J.) following a jury verdict finding him guilty of aggravated operating under the influence (Class C), 29-A M.R.S.A. § 2411(6) (Supp. 2001). 1 McLean contends that the trial court acted beyond its discretion and erred when it denied him the right to exercise a peremptory challenge during the seating of an alternate juror. McLean also contends that the court did not properly instruct the jury on concurrent causation as to the requirement of causing serious bodily injury under 29-A…