Maine v. Galarneau
Annotate this CaseDefendant Philip Galarneau, III appealed his conviction as a “habitual offender” for “operating while under the influence.” In 2008, without a lawyer, Defendant pled not guilty to the charges in the district court. On the same day, an information containing the same charges was filed in the Superior Court where the State sought to revoke Defendant’s probation from a 2007 assault conviction. The district court charges were dismissed, and Defendant made his appearance at the probation revocation hearing at Superior Court. Defendant was appointed a lawyer-for-the-day. Defendant’s case was called, the court read the charges against him and asked both Defendant and his attorney whether he was advised of his rights. The court confirmed on record that Defendant waived his right to a trial, that he was pleading guilty to habitual offender and OUI charges, and that he admitted violating his probation. The Court sentenced Defendant to approximately two years for all the charges against him. On appeal to the Supreme Court, Defendant argued that his sentence and conviction were unconstitutionally imposed because the court did not inform Defendant of his right to counsel at the district court. The Supreme Court rejected that argument, finding that Defendant was represented by a lawyer-for-the-day during his initial appearance at Superior Court, and that the court confirmed Defendant was advised of his rights. The Court affirmed Defendant’s conviction and sentence.
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