State v. Rembert

ROBERTS, Justice.

Willie Rembert appeals from a judgment entered in the Superior Court (Androscoggin County, Delahanty, C.J.) on a jury verdict convicting him of robbery, 17-A M.R.S.A. § 651(1)(C) (1988). 1 Rembert argues that the court erred by refusing to instruct the jury on the lesser included offense of assault, 17-A M.R.S.A. § 207 (1983 & Supp.1994). 2 We agree, and vacate the judgment.

In August 1993 a grand jury indicted Rem-bert for Class A robbery in violation of 17-A M.R.S.A. § 651 alleging that he committed theft by the use of “force against Martin Card with the intent to prevent or…