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STATE v. GANTNIER

Docket No. Aro-10-560.

55 A.3d 404 (2012)

2012 ME 123

STATE of Maine v. James P. GANTNIER.

Supreme Judicial Court of Maine.

Decided: November 1, 2012.

Reargued: September 13, 2012.

Attorney(s) appearing for the Case

Sarah LeClaire, Esq. (orally), Presque Isle, for appellant James P. Gantnier.

Todd R. Collins , District Attorney, and Kurt A. Kafferlin , Asst. Dist. Atty., 8th Prosecutorial District, Houlton, for appellee State of Maine.

William J. Schneider , Attorney General, Laura Yustak Smith (orally), Asst. Atty. Gen., and Donald W. Macomber , Asst. Atty. Gen., Department of the Attorney General, Augusta, for amicus curiae Department of the Attorney General.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

JABAR, J.

[¶ 1] A jury convicted James P. Gantnier of unlawful sexual contact (Class D), 17-A M.R.S. § 255-A(1)(A) (2011), and of violating a condition of release (Class E), 15 M.R.S. § 1092(1)(A) (2011). On appeal, Gantnier challenges both convictions. Because we agree with Gantnier that the Superior Court (Aroostook County, Hunter, J.) erred in denying Gantnier's request to instruct the jury on assault (Class D), 17-A M.R.S. § 207(1)(A...

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