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ALEXANDRE v. STATE

927 A.2d 1155 (2007)

2007 ME 106

Patrick ALEXANDRE v. STATE of Maine.

Supreme Judicial Court of Maine.

Decided: August 9, 2007.

Attorney(s) appearing for the Case

G. Steven Rowe, Attorney General, William R. Stokes, Deputy Atty. Gen. (orally), Fernand R. Larochelle, Assistant Atty. Gen., Augusta, for the State.

David J. Van Dyke, Esq. (orally), Hornblower, Lynch, Rabasco & Van Dyke, P.A., Lewiston, for the defendant.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, CALKINS, LEVY, and SILVER, JJ.

LEVY, J.

[¶ 1] Patrick Alexandre was convicted of manslaughter and kidnapping following a jury trial in 2003. The State appeals from a judgment of the Superior Court (Penobscot County, Jabar, J.) granting Alexandre post-conviction relief based on its finding that Alexandre's former lawyer was constitutionally ineffective by failing to seek a jury determination of sentencing facts in violation of Apprendi v. New Jersey, 530 U.S. 466...

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