State v. Pelletier

The Supreme Judicial Court affirmed Defendant's convictions but remanded the case for resentencing, holding that the prosecutor did not engage in misconduct during opening statements but that the trial court erred by imposing a sentence within the enhanced range provided by the version of Me. Rev. Stat. Ann. 17-A, 1252(2)(A) that became effective on September 29, 1995.After a jury trial, Defendant was convicted of three counts of gross sexual assault of a person under the age of fourteen and two counts of unlawful sexual contact. The trial court sentenced Defendant to twenty-four years' imprisonment, all but sixteen years suspended, with probation for six years. Defendant appealed. The Supreme Judicial Court affirmed, holding (1) Defendant failed to demonstrate obvious error in the prosecutor's act of alluding to Defendant's supposed confession in his opening statement without ever presenting testimony to support that contention; and (2) Defendant's right to a jury trial was violated when the trial court enhanced the penalty for Defendant's crime beyond what was statutorily authorized after finding an additional fact not pleaded and proved to the jury. View "State v. Pelletier" on Justia Law