State v. Stanislaw
Annotate this CaseAppellant Theodore Stanislaw pleaded guilty to nine counts of unlawful sexual contact and assault, among them three counts of Class B unlawful sexual contact. On each of the three Class B offenses, the superior court sentenced Stanislaw to nine years of imprisonment, to be served consecutively. Stanislaw appealed, arguing that the court erred in setting the basic period of incarceration at nine years because it did not consider other possible means of committing the same crimes. The Supreme Court vacated the sentences and remanded. The Court held the lower court misapplied the first step of the three-step sentencing analysis codified at 17-A Me. Rev. Stat. 1252-C by not objectively considering the nature and seriousness of the unlawful sexual contact offenses in determining the basic period of incarceration. The lower court failed to provide any rationale for its determination that Stanislaw's offenses, which did not include aggravating factors such as the use of violence, warranted sentences just one year less than the maximum allowed.
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