10 A.3d 728
Me.2011Background
- Witmer kicked in a locked door to enter his soon-to-be ex-wife's residence at night with a knife, despite a protective order restricting him from the home.
- Inside were his wife, their infant daughter, and her boyfriend; Witmer and the boyfriend sustained serious injuries during the ensuing confrontation.
- Witmer was charged with seven offenses including aggravated attempted murder, elevated aggravated assault, aggravated assault, burglary, reckless violation of a protective order, domestic violence stalking, and assault on a police officer; he pled guilty to the Class D assault and was acquitted on several counts.
- The Superior Court sentenced four years for the reckless violation of a protective order and six months (with all six suspended) for the Class D assaults; Witmer challenged the sentence as illegally considering acquitted conduct.
- On direct appeal, the Maine Supreme Judicial Court held the court only relied on the conduct and consequences of the protective-order violation in sentencing, not on acquitted charges, and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court illegally rely on acquitted conduct in sentencing? | Witmer claims due process was violated by using acquitted conduct to set the basic term. | The court may weigh the conduct related to the convicted offense and its consequences. | No illegality; sentencing based on the charged violation's conduct and consequences. |
Key Cases Cited
- Farnham v. State, 479 A.2d 887 (Me. 1984) (appeals on legality of sentence must affirm record evidence)
- Rosa v. State, 575 A.2d 727 (Me. 1990) (factors in sentencing may include psychological factors)
- Soucy v. State, 2006 ME 8 (Me. 2006) (un- charged conduct may be considered in determining maximum/overall sentence)
- State v. Mitchell, 4 A.3d 478 (Me. 2010) (recitation of evidence basis for guilt/credible testimony in sentencing context)
- State v. Whitten, 667 A.2d 849 (Me. 1995) (limits on aggravating factors in sentencing)
- State v. Berube, 698 A.2d 509 (Me. 1997) (mental illness and reoffense risk as sentencing considerations)
- State v. Shortsleeves, 580 A.2d 145 (Me. 1990) (allowing consideration of psychological/mental factors in sentencing)