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STATE v. AVERILL

887 A.2d 519 (2005)

2005 ME 83

STATE of Maine v. Christian AVERILL.

Supreme Judicial Court of Maine.

Reargued: September 23, 2004.

Decided: June 29, 2005.

Opinion on Rehearing November 16, 2005.

Attorney(s) appearing for the Case

Norman R. Croteau, District Attorney, Deborah Potter Cashman, Asst. Dist. Atty. (orally), Auburn, for State.

George A. Hess, Auburn, for defendant.

Dissent: CLIFFORD, RUDMAN, and ALEXANDER, JJ.

CALKINS, J.

[¶ 1] Christian Averill appeals his sentence for gross sexual assault (Class A), 17-A M.R.S.A. § 253(1)(A) (Supp.2002),1 imposed after a jury trial in the Superior Court (Androscoggin County, Delahanty, J.). Averill contends that his sentence is illegal because it was imposed in violation of his Sixth Amendment right to a jury determination of the facts necessary to impose a sentence exceeding twenty years...

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