State v. Poulin

WATHEN, Justice.

Defendant David L. Poulin appeals from a conviction of gross sexual misconduct (17-A M.R.S.A. § 253(1)(A) (Supp.1987)) following a jury trial in the Superior Court (Kennebec County). As a result of a single incident of sexual intercourse between defendant and complainant, defendant was tried and convicted of both rape (17-A M.R. S.A. § 252(1)(B) (Supp.1987)) and gross sexual misconduct. On appeal, defendant contends that the conviction of gross sexual misconduct should be vacated as violative of the prohibition against double jeopardy and requests resentencing on the single…