State v. Gantnier

[¶ 1] A jury convicted James P. Gantnier of unlawful sexual contact (Class D), 17-A M.R.S. § 255-A(1)(A) (2011), and of violating a condition of release (Class E), 15 M.R.S. § 1092(1)(A) (2011). On appeal, Gantnier challenges both convictions. Because we agree with Gantnier that the Superior Court (Aroostook County, Hunter, J.) erred in denying Gantnier’s request to instruct the jury on assault (Class D), 17-A M.R.S. § 207(1)(A) (2011), as a lesser included offense of unlawful sexual contact, we vacate Gantnier’s conviction for unlawful sexual contact. We do not disturb his conviction for…