State v. Dyer

• Decision Date: 13 October 1992
• Citation: 615 A.2d 235
• Parties: STATE of Maine v. Bruce DYER.
• Court: Maine Supreme Court

Page 235

615 A.2d 235

STATE of Maine v. Bruce DYER.

Supreme Judicial Court of Maine.

Submitted on Briefs Sept. 8, 1992.

Decided Oct. 13, 1992.

Janet Mills, Dist. Atty., Kevin J. Regan, Asst. Dist. Atty., Auburn, for plaintiff.

Allan E. Lobozzo, Auburn, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS and RUDMAN, JJ.

CLIFFORD, Justice.

Bruce Dyer appeals his conviction of operating a motor vehicle after having been declared an habitual offender, 29 M.R.S.A. § 2298 (Pamph.1991) amended by P.L.1989, ch. 866, § B-22 (effective July 14, 1990) & P.L.1991, ch. 293, §§ 4, 5 (effective. Oct. 9, 1991), following a jury trial in Superior Court (Androscoggin County, Alexander, J.). Dyer contends that the Superior Court abused its discretion when it denied his motion to extend the time within which he could file a motion to suppress, and that the evidence demonstrating the notice to him of his status as an habitual offender was insufficient. We affirm the conviction.

On July 10, 1989, Dyer was stopped by a police officer because the vehicle he was operating did not have a front bumper or a rear license plate. The stop led to Dyer's arrest for operating a motor vehicle after having been declared an habitual offender. Dyer was indicted on September 27, 1989. On two occasions, he discharged attorneys appointed to represent him, first in March 1990, and again in June 1990. On June 18, 1990, he obtained another court-appointed counsel and was granted a motion to continue his previously-scheduled trial to allow the new attorney time to prepare for trial. The court denied his July 3, 1990 motion to extend the time to file a motion to suppress, however, noting that Dyer's motion was untimely and not finding any good cause to grant an extension.

A motion to suppress evidence is required to be made within 21 days after the entry of a plea. See M.R.Crim.P. 41A(b) and 12(b)(3); 2 Cluchey & Seitzinger, Maine Criminal Practice § 41A.4 (rev. ed 1992); see also State v. Bishop, 392 A.2d 20, 22 (Me.1978) (suppression hearings should be held prior to trial). Dyer's motion was filed many months after the 21-day period had expired. Dyer contends that his newly appointed attorney's review of the case disclosed a sufficient basis for the filing of the motion and that the court's denial of the motion was an abuse of discretion. We are unpersuaded by Dyer's contention. The trial court found that there was insufficient good cause shown to justify the requested extension. We discern no error in that determination. See State v. Philbrick, 481 A.2d 488, 492 (Me.1984); Bishop, 392 A.2d at 23.

Dyer does not dispute the evidence produced by the State at trial that notice of the revocation of Dyer's right to operate was sent to the last address shown on the records of the Secretary of State, in accordance with 29 M.R.S.A. § 2298(1)(D), the notice provision in effect at the time of the offense. ¹ Nor does Dyer dispute that that version was complied with. Rather, he contends that the State should be required to prove that notice was given to Dyer in accordance with the statutory requirement effective at the time of trial, namely, that notice was sent to the last known address provided by Dyer to the Secretary of State. See 29 M.R.S.A. § 2298(1)(D) (Pamph.1991).

1 M.R.S.A. § 302 provides in pertinent part:

The ... amendment of an Act ... does not affect any punishment [or] penalty ... incurred before the ... amendment takes effect, or any action or proceeding pending at the time of the ... amen...