State v. Nugent

[¶ 1] Joseph J. Nugent appeals from his conviction and sentence entered in the District Court (Millinocket, Stitham, J.) following a bench trial for assault (Class D), 17-A M.R.S. § 207(1)(A) (2006), of a “family or household member,” 19-A M.R.S. § 4002(4) (2006). We affirm the conviction for assault, but because the evidence admitted at trial was insufficient to support a finding, beyond a reasonable doubt, that Nugent and the victim were “family or household members,” we vacate the sentence and remand to the District Court for resentencing.

I. BACKGROUND

[¶ 2] Nugent was convicted for an…