State v. Stewart

Majority. CLIFFORD, LEVY, SILVER, and MEAD, JJ.

Dissent: SAUFLEY, C.J. and ALEXANDER, J.

LEVY, J.

[¶ 1] This appeal presents the question of whether the crimes of aggravated assault (Class B), 17-A M.R.S. § 208(1)(C) (2006), and assault (Class D), 17-A M.R.S. § 207(1)(A) (2006), are lesser-included offenses of the crime of elevated aggravated assault (Class A), 17-A M.R.S. § 208-B(1)(B) (2006). It arises from the judgment of conviction entered against Jason L. Stewart for aggravated assault entered in the Superior Court (Lincoln County, Marden, J.) after a jury trial. Stewart was indicted on a…