New Hampshire v. CastineAnnotate this Case
Defendant Jami Castine was convicted on two charges of first degree assault against a minor victim, as well as one charge of an enhanced felony version of second degree assault against the victim’s brother. The trial court sentenced defendant to a stand-committed prison sentence of 10-to-20 years on one of the first degree assault convictions, a consecutive 10-to-20 year sentence on the enhanced second degree assault conviction, and a consecutive 10-to-20 year sentence on the second first degree assault conviction that was suspended in its entirety for a period ending 10 years from the defendant’s release. Defendant appealed the trial court’s denial of her motion to set aside the jury’s verdict, and for judgment notwithstanding the verdict, as to one of her two first degree assault convictions. She argued that one of the first degree assault convictions should have been reversed because the evidence at trial was insufficient to exclude the reasonable conclusion that the injuries and serious bodily harm alleged in the two first degree assault indictments were the result of a single act. Defendant did not challenge her other convictions. The New Hampshire Supreme Court agreed that one of her first degree assault convictions should have been reversed, and remanded.