State v. Stanley
Annotate this CaseAfter a bench trial, Defendant was convicted of violating Me. Rev. Stat. 12, 6575-G, which makes it a Class D crime to fish for or take elvers within 150 feet of a dam with a fishway or within 150 feet of a fishway. Defendant appealed, arguing that the district court erred in convicting him based on conduct that was not alleged in the Uniform Summons and Complaint (USC). In the USC, the State charged Defendant with “fishing for elvers within 150 feet of a dam with a fishway,” but the district court found Defendant guilty of fishing for elvers within 150 feet of a fishway, not a dam. The Supreme Judicial Court vacated the judgment, holding that the trial court’s factual findings were insufficient to support a conviction for the violation charged in the USC.
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