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541 A.2d 1295

State v. Howard

Supreme Judicial Court of Maine

Decided June 1, 1988

Supreme Judicial Court of Maine · decided 1988-06-01

Cited by 1 later decisions — most recently July 1994

1 state decisions

Relies on State v. Barry · State v. Samson · State v. Neron

Good law ✅— No negative treatment on recordhow we know

Decided 1988-06-01

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¶1MEMORANDUM OF DECISION.

¶2Elmer Joe Howard appeals from the judgment entered in the Superior Court, Androscoggin County, on a jury verdict finding him guilty of gross sexual misconduct, 17-A M.R.S.A. § 253(1)(B) (Supp. 1987). Our review of the record discloses that, contrary to Howard’s contention, the verdicts were not irreconcilably inconsistent because the jury did not find him guilty on all counts charged in the indictment, State v. Neron, 519 A.2d 197, 201 (Me.1986); viewing the evidence in the light most favorable to the prosecution, the jury rationally could find beyond a reasonable doubt all the elements of the offense charged, State v. Barry, 495 A.2d 825, 826 (Me.1985); and at sentencing the trial court properly could consider the offense in relation to its effect on the victim of the crime, State v. Samson, 388 A.2d 60, 67-68 (Me. *12961978); 17-A M.R.S.A. § 1257(2) (Supp.1987).

¶3The entry is:

¶4Judgment affirmed.

¶5All concurring.

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