State v. Murphy
Annotate this CaseAfter a jury-waived trial, Defendant was convicted of elevated aggravated assault, 17-A Me. Rev. Stat. 208-B(1)(A); elevated aggravated assault, 17-A, Me. Rev. Stat. 208-B(1)(B); and aggravated assault, Me. Rev. Stat. 17-A 208(1)(A). The Supreme Judicial Court vacated the judgment, holding (1) Defendant voluntarily and intentionally waived his constitutional right to testify; (2) the evidence did not compel a determination that Defendant was not criminally responsible for the assault by reason of insanity; but (3) because the court sentenced Defendant for a single incident, and not three separate assaultive acts, the court erred by failing to consolidate the duplicative counts prior to entering its judgment of conviction or its sentence. Remanded for consolidated of the three counts through entry of a single conviction and for entry of a sentence on the single charge.
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