State v. Kline
Annotate this CaseAfter a jury trial, Defendant was convicted of reckless conduct with a dangerous weapon. Applying the minimum mandatory sentencing provision of Me. Rev. Stat. Ann. 17-A, 1252(5), apparently on its own initiative, the trial court sentenced Defendant to one year in prison. The Supreme Court affirmed the conviction but vacated the sentence imposed, holding (1) the evidence was sufficient to support the conviction; (2) the trial court did not err in excluding or limiting certain evidence Defendant sought to introduce through a lay witness, a private investigator; (3) the trial court did not abuse its discretion when it denied Defendant's motion for a mistrial and instead provided a curative instruction in response to a comment the prosecutor made in rebuttal; and (4) because the parties agreed that the court should reconsider the sentence, the sentence should be vacated. Remanded for resentencing.
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