State of Maine v. Shain Stanley

[¶ 1] Shain Stanley appeals from a judgment of conviction for violating 12 M.R.S. § 6575-G (2014) entered by the District Court (Ellsworth, Mallonee, J.) following a bench trial. Section 6575-G makes it a Class D crime to “fish for or take elvers within 150 feet of any part of a dam with a fishway or within 150 feet of a fishway.” (Emphasis added.) In a Unk form Summons and Complaint (USC), the State charged Stanley only with “fishing for elvers within 150 feet of a dam with a fishway,” but the court found Stanley guilty of fishing for elvers within 150 feet of a fishway, not a dam. On…