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628 A.2d 1025

State v. Cocco

Supreme Judicial Court of Maine

Decided July 21, 1993

Supreme Judicial Court of Maine · decided 1993-07-21

Cited by 1 later decisions — most recently December 1995

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1993-07-21

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WATHEN, Chief Justice,

¶1dissenting.

¶2I respectfully dissent. Defense counsel did not make an offer of proof that defendant’s prior criminal record consisted of nothing more than motor vehicle violations, nor did he demonstrate the relevance and admissibility of the proffered testimony. Field & Murray, Maine Evidence § 103.4 at 13, n. 33 (1987). In short, the trial court never heard the argument for admissibility presented on appeal, and undoubtedly assumed that defendant offered evidence concerning the absence of a prior criminal record for the inadmissible purpose of proving that he did not commit the crime. Thus defendant is entitled to relief only on the basis of obvious error. M.R.Evid. 103. I find none and would affirm.

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