State of Maine v. Theodore S. Stanislaw
2013 ME 43
| Me. | 2013Background
- Stanislaw pleaded guilty to multiple unlawful sexual contact offenses and related assaults involving five victims aged 10 to 14 between 2004 and 2008.
- He had a 1982 New York conviction for sexual abuse of a minor, and Maine initially sentenced him to a lengthy prison term with substantial suspended time.
- On remand, the court set basic sentences and then increased them on the maximum step, ultimately imposing consecutive, largely unsuspended terms.
- The sentencing court did not suspend any portion of the Class B eight-year terms and suspended only one year of the Class C four-year term, resulting in a 27-year unsuspended term.
- The Court vacated the sentence on proportionality grounds, remanding for resentencing with guidance that the unsuspended portion should be far shorter than the current term.
- The concurrence discusses the need for a presentence investigation and cautions against an implied hard cap on sentencing on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hewey three-step analysis was properly applied | Stanislaw | Stanisław | Court properly applied steps but needed remand for proportionality analysis |
| Whether consecutive sentences were properly grounded | Stanislaw | Stanisław | Findings supported separate Hewey analyses; consecutive imposition affirmed but remanded for proportionality review |
| Whether overall unsuspended sentence is constitutionally proportional | Stanislaw | State | Unsuspended portion grossly disproportionate; vacate and remand for shorter unsuspended term |
| Whether a presentence investigation was required on remand | Saufley (part) | Stanisław | Remand should include thorough background/history; concurrence urges mandatory presentence investigation |
| What range should apply on remand | State/Stanislaw | Court | Court cannot set a hard cap; remand for proper proportionality analysis with complete information |
Key Cases Cited
- State v. Stanislaw, 2011 ME 67 (Me. 2011) (prior Stanislaw decision on Hewey analysis and need for remand)
- State v. Reese, 2010 ME 30 (Me. 2010) (guidance on sentencing factors and proportionality review)
- State v. Keene, 2007 ME 84 (Me. 2007) (concurrent vs. consecutive sentencing and risk assessment)
- State v. Dumas, 2010 ME 57 (Me. 2010) (extreme sentences for severe offenses; comparison in proportionality)
- State v. Soucy, 2006 ME 8 (Me. 2006) (gross sexual assault comparisons in proportionality analysis)